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We have a friend who is married. Her adult kids have been a constant source of problems, losing jobs, going into rehab, license revocation, living back at home rent free,
etc.
She has spent a lot of time and money on them, even in her retirement years, and chooses not to leave anything to them in her will.
If she predeceases her husband, he gets the estate.
If he predeceases her, she inherits everything.
If they both go together, they have named some charity.
She has a copy of the will and so does the lawyer.
If the home catches fire and the will and they are destroyed,
or,
if they die together and the kids find the will and burn it,
and,
if there is no death notice in the paper (robbers read these things)
then
the lawyer's copy of the will will be the only one remaining.
Deaths, like marriages and births, are public facts, ie "vital statistics".
When a death certificate is filed, it becomes a public record. Many organizations, businesses, and professionals routinely monitor vital statistics of all types. An attorney who deals with estates, wills, probate, etc. could do so.
That's a general answer. Since your speaking of a specific case, the testators of the will should make arrangements for someone they trust to notify the attorney/executor in the event they die together. They might consider making a copy of the will for that person.
I'd make sure that a neighbor or close friend who WOULD hear about the death has the phone number and name of the attorney.
Also note: If she dies first, leaves the estate to the husband, the husband can do whatever he wants with the money after that. Including leaving it to the kids. All he has to do is another will.
I'd make sure that a neighbor or close friend who WOULD hear about the death has the phone number and name of the attorney.
Also note: If she dies first, leaves the estate to the husband, the husband can do whatever he wants with the money after that. Including leaving it to the kids. All he has to do is another will.
I know. Thanks. They are of like mind in this matter.
Deaths, like marriages and births, are public facts, ie "vital statistics".
When a death certificate is filed, it becomes a public record. Many organizations, businesses, and professionals routinely monitor vital statistics of all types. An attorney who deals with estates, wills, probate, etc. could do so.
That's a general answer. Since your speaking of a specific case, the testators of the will should make arrangements for someone they trust to notify the attorney/executor in the event they die together. They might consider making a copy of the will for that person.
Thank you.
I suppose they could give copy to a neighbor.
This is strange, because I suppose it happens. People pass on and a copy of the will for one reason or another is not found. Nobody knows the attorney who wrote the thing up because, like a lot of people, they don't really have a lot of legal business.
There is only one will. The original. Every will begins: "I hereby revoke all prior wills and declare this as my last will and testament . . . "
A lost will can be proven by a copy of the will and appropriate affidavits and it appearing to the probate judge that the last will was the same as the copy. Not a slam dunk process.
By now, almost every jurisdiction permits the filing of the will with the probate court in advance of the death of the testator. Each jurisdiction has its own rules, but basically you pay a fee and file it with the probate court. Many such statutes provide that if the will is not contested within some time period after filing it cannot be challenged on the basis of testamentary capacity, etc.
There is only one will. The original. Every will begins: "I hereby revoke all prior wills and declare this as my last will and testament . . . "
A lost will can be proven by a copy of the will and appropriate affidavits and it appearing to the probate judge that the last will was the same as the copy. Not a slam dunk process.
By now, almost every jurisdiction permits the filing of the will with the probate court in advance of the death of the testator. Each jurisdiction has its own rules, but basically you pay a fee and file it with the probate court. Many such statutes provide that if the will is not contested within some time period after filing it cannot be challenged on the basis of testamentary capacity, etc.
How might this help? They want to completely disinherit the kids. Maybe I'm missing something?
Actually, the suggestion is a good one. An intervivos trust eliminates the likelihood of a will contest by the children and can avoid probate entirely. the trust contains the operative provisions. And, a trust is much less susceptible to being set aside due to technical non compliance.
Also a trust can skip the parents entirely and provide that if both the husband and wife are deceased the assets are held in trust for the grandchildren, if any, and if none, to the SPCA or whatnot.
Husband is wife's successor trustee, and vice versa. If both are gone, Bank ___________ is trustee.
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