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Old 05-21-2014, 10:24 AM
 
Location: Oregon
1,379 posts, read 2,673,972 times
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Quote:
Originally Posted by rjm1cc View Post
Might want to title your assets with a beneficiary to make life a little easier for you children.
Where do I change the deed to our home?? We have TODD in Oregon, but not sure how to go about doing it.
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Old 05-21-2014, 11:15 AM
 
Location: middle tennessee
1,926 posts, read 991,367 times
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Quote:
Originally Posted by rjm1cc View Post
I think the witness signatures should be notarized or else you will need the witness to verify that they signed when your will is probated. This is called self proving.
Again, check the law in your state. My will, written in my own hand and signed by me, did not have to be witnessed to be valid. The person who presents the document will need two valid copies of my signature. In my case, they will have my drivers license and cancelled checks.

I say this because getting witnesses, notaries, and other things you may not need can keep you from making your will. I knew I needed to get mine done and made plans in my head to see a lawyer, but I didn't actually do it until I found out how easy it is to do (in my state ).
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Old 05-21-2014, 11:41 AM
 
1,316 posts, read 1,183,954 times
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Quote:
Originally Posted by boogie'smom View Post
Again, check the law in your state. My will, written in my own hand and signed by me, did not have to be witnessed to be valid. The person who presents the document will need two valid copies of my signature. In my case, they will have my drivers license and cancelled checks.

I say this because getting witnesses, notaries, and other things you may not need can keep you from making your will. I knew I needed to get mine done and made plans in my head to see a lawyer, but I didn't actually do it until I found out how easy it is to do (in my state ).
Agreed....Texas is one State that recognizes the Holographic Will.....No witnesses and no Notary are required....It's a good way to go if you have a very simple estate like a small condo with contents and a car and no potential challengers....say, like you only have one daughter...The Lawyer will charge a little more (a few hours) for probate though because your signiture will have to be verified....

Last edited by Chaffeetrekker; 05-21-2014 at 11:51 AM..
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Old 05-21-2014, 11:46 AM
 
1,316 posts, read 1,183,954 times
Reputation: 1932
Quote:
Originally Posted by kadylady View Post
Where do I change the deed to our home?? We have TODD in Oregon, but not sure how to go about doing it.
Go to the Title Co.....They have the standard form....After they re-do the Deed, you can run it over to the County Clerk yourself so they can record it....Should only cost $50 or so...
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Old 05-21-2014, 11:57 AM
 
Location: middle tennessee
1,926 posts, read 991,367 times
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Quote:
Originally Posted by Chaffeetrekker View Post
Agreed....Texas is one State that recognizes the Holographic Will.....No witnesses and no Notary are required....It's a good way to go if you have a very simple estate like a small condo with contents and a car and no potential challengers....say, like you only have one daughter...The Lawyer will charge a little more (a few hours) to probate it though because the signiture will have to be verified....
Chaffeetrekker, not to belabor the point, but I have a very small estate of real property with no titled property. I don't think probate will be necessary. Am I wrong?

I really tried to make this as simple as possible.

edited to say: money is dealt with outside of the will

Last edited by newcomputer; 05-21-2014 at 12:01 PM.. Reason: forgot something
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Old 05-21-2014, 01:33 PM
 
Location: Baltimore, MD
3,745 posts, read 4,220,203 times
Reputation: 6866
Quote:
Originally Posted by rjm1cc View Post
Might want to title your assets with a beneficiary to make life a little easier for you children.
Of course. But since Maryland has an estate tax that includes the taxing of property transferred and/or distributed outside of probate - one of the kids will still have to open the estate and file a tax return. Or, I guess they could say the hell with it and let one of my creditors open the estate. Now that I think about it, that may be the best solution since none of them are Maryland residents.
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Old 05-21-2014, 02:55 PM
bg7
 
7,697 posts, read 8,175,411 times
Reputation: 15093
Quote:
Originally Posted by boogie'smom View Post
Chaffeetrekker, not to belabor the point, but I have a very small estate of real property with no titled property. I don't think probate will be necessary. Am I wrong?

I really tried to make this as simple as possible.

edited to say: money is dealt with outside of the will

Say you get knocked down tomorrow by a big bus driven by a negligent Tennessee bus authority driver. The civil case of wrongful death results in a settlement to your estate of $20 million dollars. That's no longer a small estate you have left behind you.
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Old 05-21-2014, 03:45 PM
 
Location: middle tennessee
1,926 posts, read 991,367 times
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Quote:
Originally Posted by bg7 View Post
Say you get knocked down tomorrow by a big bus driven by a negligent Tennessee bus authority driver. The civil case of wrongful death results in a settlement to your estate of $20 million dollars. That's no longer a small estate you have left behind you.


I will be dead. I am guessing that I won't care.

lucky dog.
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Old 05-21-2014, 03:46 PM
 
71,700 posts, read 71,829,507 times
Reputation: 49273
accident settlements after death , wrongful death suits by family and medical malpractice suits prove folks wrong every day about their need for structuring their estate correctly.

the gov't loves folks who have no plan or tax protecting structures in place especially the states with their lower limits.
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Old 05-21-2014, 03:46 PM
 
9,206 posts, read 9,280,929 times
Reputation: 28865
Why would someone rather take a chance on having a valid Will or a flawed one when they can get an attorney to draft one for $250.00?

Are you really that poor that you can't afford a lousy $250?

I mean if it was a $1000 I would understand.

FYI, as an attorney I have charged far more than $250 to people who insisted on creating their own legal document on "Family Lawyer" or some other way and ended up creating a gigantic legal mess because they didn't understand what they were doing.

Proceed at your own risk.
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