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Old 08-16-2011, 09:45 AM
 
10,835 posts, read 14,856,598 times
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Quote:
Originally Posted by cls88 View Post
Howard,

You have clarified lots of confusion for me. Thank you very much!

I think I know what do now. Someone I know knows family law attorneys, and will send me some name later this week. Thanks again for all your help.
ok, good luck.

Since my father was leaving me his house, he should not have named either of his children at personal representative.
The signature required for the deed of distribution was used as a carrot on a string.

Naming a 3rd party would have been the best way, in my Father's specific case.
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Old 08-16-2011, 03:09 PM
 
4,649 posts, read 6,483,631 times
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As mentioned consult with an Attorney because in many situation mentioned a Trust may have avoided many issues with Probate..
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Old 08-16-2011, 03:30 PM
 
Location: Austin, TX
326 posts, read 674,306 times
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Quote:
Originally Posted by Caltovegas View Post
As mentioned consult with an Attorney because in many situation mentioned a Trust may have avoided many issues with Probate..
Thanks! I'll ask the attorney. I am going to print all the posts here to ensure I don't miss anything we discuss here .
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Old 08-16-2011, 08:16 PM
 
28,242 posts, read 39,901,543 times
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Quote:
Originally Posted by Dollydo View Post
Go on line to USLegal, Legal Zoom or some site like that, select your state requirements and fill in the blanks, print the will out, sign it, have it witnessed. It is easy, simple and quick, and will save you at least 1K.

For an easy will, an attorney will do nothing but boiler plate it too.
We did this. Excellent results.

LegacyWriter.com | Online Wills, Powers of Attorney, Living Wills.
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Old 08-17-2011, 03:07 AM
 
71,597 posts, read 71,751,865 times
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excellent results?????????? ha ha ha the problem is nothing is a problem until its a problem. there can be so many issues with these canned wills . they are a minefield.
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Old 08-17-2011, 04:41 AM
 
Location: Near a river
16,042 posts, read 18,978,143 times
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Quote:
Originally Posted by mathjak107 View Post
its worth every penny for a lawyer. i had a refinancing stopped on an inherited property because it read i leave my daughter beth my house and all possesions.

it was missing the word "ONLY " as in only child beth ..

what a fiasco , i had to pay the bank attorney,the title company,the co-op attorney all for the day. lost my interest rate and had to reschedule after affidavidts were filled out.
OK it's 6:30 a.m. and I'm barely awake, trying to interpret what you are saying, above. If you only have one daughter named Beth, what is the big deal about inserting the word "only"??

As for anything legal, I always get a lawyer. And the lawyer keeps copies of everything in the event of loss or damage of documents at my house.
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Old 08-17-2011, 11:15 AM
 
28,242 posts, read 39,901,543 times
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Quote:
Originally Posted by mathjak107 View Post
excellent results?????????? ha ha ha the problem is nothing is a problem until its a problem. there can be so many issues with these canned wills . they are a minefield.
Not my fault you went to the wrong website when you did yours. BTW, can anyone figure what this person is saying? I get gibberish.
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Old 08-17-2011, 04:18 PM
 
71,597 posts, read 71,751,865 times
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Quote:
Originally Posted by newenglandgirl View Post
OK it's 6:30 a.m. and I'm barely awake, trying to interpret what you are saying, above. If you only have one daughter named Beth, what is the big deal about inserting the word "only"??

As for anything legal, I always get a lawyer. And the lawyer keeps copies of everything in the event of loss or damage of documents at my house.
its a minefield because even with wills that are done by lawyers there can be things overlooked. it gets increasingly more dicey using canned forms.

we had the issue refinancing an inherited house because at the closing the title company wanted to read the will . they got to the part where the will said "and to my child beth i leave my house and possesions.
the title company read it and said they can not proceed.

the word only was missing. with out the word only child beth the title company wouldnt take the risk that other children were going to lay claim.

they cancelled the closing and i had to get affadavits signed by relatives she was an only child. that one missing word cost us a few grand.

we had to pay everyone for the day. by the way that will was done by a general attorney not an estate attorney who is a pro at this stuff.


want more war stories about wills and trusts? ill post another issue we had after diner.

Last edited by mathjak107; 08-17-2011 at 05:40 PM..
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Old 08-17-2011, 04:19 PM
 
10,835 posts, read 14,856,598 times
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Quote:
Originally Posted by newenglandgirl View Post
OK it's 6:30 a.m. and I'm barely awake, trying to interpret what you are saying, above. If you only have one daughter named Beth, what is the big deal about inserting the word "only"??

As for anything legal, I always get a lawyer. And the lawyer keeps copies of everything in the event of loss or damage of documents at my house.
My lawyer told me there is only one legal copy, the one in my possession.
If my will is destroyed in a house fire, along with me, then the lawyer's copy is not worth the paper it is printed on. It only shows there was a will "at one time" and does not verify which will is the latest one.

He recommended a safety deposit box.

Then one of my accounts said a safety deposit box is not always a good idea because the will executor's etc. have trouble legally, getting into the box. Delays, etc.
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Old 08-17-2011, 04:35 PM
 
Location: South Dakota
733 posts, read 4,196,011 times
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Quote:
Originally Posted by howard555 View Post
My lawyer told me there is only one legal copy, the one in my possession.
If my will is destroyed in a house fire, along with me, then the lawyer's copy is not worth the paper it is printed on. It only shows there was a will "at one time" and does not verify which will is the latest one.

He recommended a safety deposit box.

Then one of my accounts said a safety deposit box is not always a good idea because the will executor's etc. have trouble legally, getting into the box. Delays, etc.
Yes, keep your will safe. But don't despair in the event of an unfortunate loss or destruction. The Uniform Probate Code provides a process for "proving up" a copy of a lost or destroyed will based on the testimony of witnesses. I've done it myself in my probate practice on two occasions in the last 30 years.
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