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Old Yesterday, 03:12 PM
 
Location: Just west of the Missouri River
690 posts, read 1,336,822 times
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Quote:
Originally Posted by NewbieHere View Post
My guess, itís Transfer on Death, or Payable on Death.
Thanks.
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Old Yesterday, 03:17 PM
 
72,579 posts, read 72,452,347 times
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We use all beneficiaries on all our accounts ... we have no accounts that donít pass via beneficiaries..

Well we ended up having one much to our surprise when without warning vanguard deleted all beneficiaries from joint accounts ....very dumb move in my opinion ...they told us we could split the joint account in to two individual accounts and we could add beneficiaries or they just so happen to have a trust department that would love to help us .....no thanks vanguard, we pulled our account away from them ...fidelity and chase were only to happy to put beneficiaries on joint accounts
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Old Yesterday, 03:28 PM
 
Location: Rust'n in Tustin
2,349 posts, read 2,466,964 times
Reputation: 4388
Quote:
Originally Posted by mathjak107 View Post
there can be lots of ramifications with giving stuff away . depending on how off the radar it is you can have everything from tax issues , medicaid issues if needed , law suit issues if someone you gave it to gets sued , divorce issues if it finds its way as a marital asset .....not a great idea ....
Blah, blah, blah, I'm talking about personal possessions, not real estate or real money. I give my kids and grandkids cars and shotguns every once in a while. They mean something to me, hopefully they'll mean something to them.

So far so good.
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Old Yesterday, 03:55 PM
 
72,579 posts, read 72,452,347 times
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Quote:
Originally Posted by ysr_racer View Post
Blah, blah, blah, I'm talking about personal possessions, not real estate or real money. I give my kids and grandkids cars and shotguns every once in a while. They mean something to me, hopefully they'll mean something to them.

So far so good.
We canít even do that in nyc ...you need to have a rifle/ shotgun permit to take possession here ...
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Old Yesterday, 04:31 PM
 
Location: Sierra Nevada Land, CA
8,457 posts, read 9,219,967 times
Reputation: 13260
Quote:
Originally Posted by mathjak107 View Post
you may may want to leave the estate planning to mrs 5150 , because you are wrong across the board .

staple removal can effect the validity of a will , it does here and not all states except holographic wills .

states that do not allow holographic wills .

Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.Alabama, Delaware, Florida, Georgia, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Missouri, New Hampshire, Ohio, Oregon, Rhode Island, Vermont and Wisconsin.



instructions from probate court below

DO NOT REMOVE THE STAPLES FROM THE WILL WHEN MAKING COPIES BEFORE FILING WITH THE COURT. Removal of staples may provide grounds for objection to probate. If the staples have been removed and the document re-stapled, you must provide the Court with a notarized affidavit stating why they were removed (i.e. for making copies), where the document has been kept since it was executed and that you believe that no substitutions/changes have been made since its execution.

https://www.nycourts.gov/courts/7jd/.../probate.shtml
Wrong on two points. Mrs5150 confirmed on two points. Removal of staples does not invalidate a will and a signed will in one’s own handwriting is valid. A holographic will is an unsigned document. Please consult an attorney before posting opinions on legal matters. My attorney is relaxing on the front porch with me and she says you are incorrect. But like I said, NY law might be different. I noticed your article used the term “may” ( could happen ,but maybe not). A much weaker term than “must” (meaning probably) or the rock solid term “shall” meaning you have no choice, it is so.

Last edited by Mr5150; Yesterday at 04:42 PM..
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Old Yesterday, 04:40 PM
 
72,579 posts, read 72,452,347 times
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Quote:
Originally Posted by Mr5150 View Post
Wrong on two points. Mrs5150 confirmed on two points. Removal of staples does not invalidate a will and a signed will in one’s own handwriting is valid. A holographic will is an unsigned document. Please consult an attorney before posting opinions on legal matters. My attorney is relaxing on the front porch with me and she says you are incorrect. But like I said, NY law might be different
The law here is exactly as I stated ..perhaps you should not make statements as one size fits all as each state is quite different.. holographic wills clearly are not acceptable in many states unless military or foreign and some will not even except those .

Some states require holographic wills to be dated AND SIGNED .

As far as staples that excerpt is right from probate court instructions here ....any staple removal may have that will rejected .... it would have to have all the steps they list fulfilled in order to resubmit it.

You don’t need an attorney to confirm this , it is clearly stated

https://www..com/legal-encyclopedia/...hic-wills.html
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Old Yesterday, 04:52 PM
 
Location: Rust'n in Tustin
2,349 posts, read 2,466,964 times
Reputation: 4388
Quote:
Originally Posted by mathjak107 View Post
We canít even do that in nyc ...you need to have a rifle/ shotgun permit to take possession here ...
Umm, I don't live there.
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Old Yesterday, 04:55 PM
 
Location: Sierra Nevada Land, CA
8,457 posts, read 9,219,967 times
Reputation: 13260
Quote:
Originally Posted by mathjak107 View Post
The law here is exactly as I stated ..perhaps you should not make statements as one size fits all as each state is quite different.. holographic wills clearly are not acceptable in many states unless military or foreign and some will not even except those .

Some states require holographic wills to be dated AND SIGNED .

As far as staples that excerpt is right from probate court instructions here ....any staple removal may have that will rejected .... it would have to have all the steps they list fulfilled in order to resubmit it.

You don’t need an attorney to confirm this , it is clearly stated

https://www..com/legal-encyclopedia/...hic-wills.html
My last post said a holographic is an unsigned document. So Duh!

It appears you need to be right. I think my attorney knows more about the law than you. Let’s leave it at that

Last edited by Mr5150; Yesterday at 05:52 PM..
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Old Yesterday, 04:55 PM
 
72,579 posts, read 72,452,347 times
Reputation: 50108
Quote:
Originally Posted by ysr_racer View Post
Umm, I don't live there.
I do
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Old Yesterday, 05:04 PM
 
7,500 posts, read 8,754,739 times
Reputation: 9576
I put the charities I want to bequeath as beneficiaries on my various accounts, per the directions given to me by my estate attorney.

At the time of our meeting he told me another way one can set up beneficiaries, which is to put as a beneficiary: "The Estate of <my full name exactly as on will>" which will then go to my estate and my executor will make the disbursements according to what's in my will. I thought that could only be done if there's a named trust, but he said not true, it can be a person's estate, with a last will & testament providing the directions. although that would then go through probate.
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