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Old 08-11-2019, 05:35 PM
 
Location: Rust'n in Tustin
2,352 posts, read 2,469,445 times
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Quote:
Originally Posted by mathjak107 View Post
I do
So you're saying anonymous advice on the internet might not universally apply to everyone?

I'm shocked, shocked I tells ya.
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Old 08-11-2019, 05:36 PM
 
Location: SoCal
13,781 posts, read 6,545,574 times
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Quote:
Originally Posted by mathjak107 View Post
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
This is why I moved our joint accounts to Fidelity. So far they seem to have superior customer service, or the kind of service I expect from a financial institution. I think Vanguard was like that in the 90s.
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Old 08-11-2019, 05:45 PM
 
72,585 posts, read 72,480,100 times
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Quote:
Originally Posted by NewbieHere View Post
This is why I moved our joint accounts to Fidelity. So far they seem to have superior customer service, or the kind of service I expect from a financial institution. I think Vanguard was like that in the 90s.
My experience was vanguard had the worst customer service I ever experienced at any financial institution
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Old 08-11-2019, 08:23 PM
 
1,773 posts, read 821,413 times
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Quote:
Originally Posted by Mr5150 View Post
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. Letís leave it at that
A holographic will is a will that is handwritten and signed by the testator. It has nothing to do with an unsigned will. An unsigned will is generally invalid.
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Old 08-11-2019, 09:35 PM
 
Location: SoCal
13,781 posts, read 6,545,574 times
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Quote:
Originally Posted by WRM20 View Post
A holographic will is a will that is handwritten and signed by the testator. It has nothing to do with an unsigned will. An unsigned will is generally invalid.
Even I know that. Iím not even a lawyer.
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Old Yesterday, 02:47 AM
 
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and this is why shopping around and just going to a lawyer is not good enough ...you want the best estate lawyer you can find ... people have the belief that any omissions or errors can be just glossed over if anything goes through probate just because the intent is stated ...

but as we learned first hand and to quote the judge " the intent is quite clear , the grand children were to get nothing , but the court cannot rewrite history or add missing verbiage "

that missing sentance cost us 100k in legal fees and a few hundred thousand in buyout of the grand kids who were to get nothing .
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Old Yesterday, 02:49 AM
 
72,585 posts, read 72,480,100 times
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Quote:
Originally Posted by WRM20 View Post
A holographic will is a will that is handwritten and signed by the testator. It has nothing to do with an unsigned will. An unsigned will is generally invalid.
What Is a Holographic Will?
Handwritten wills that are written by the person making the will (called the testator), and have not been witnessed or notarized, are called holographic wills. Wills were in existence long before computers and word processing programs, and long before typewriters. If a handwritten will meets all of the legal requirements for a typed will (such as being witnessed or notarized), it is a valid will, but it is not a holographic will.


Legal Requirements
In order for a holographic will to be valid, it must:
Be entirely in the testator’s handwriting, or the material provisions must be in the testator’s handwriting (depending upon the state)
Indicate the testator’s intent to make a will (as opposed to, for instance, just some notes being used in anticipation of drafting a will)
Clearly describe the property, and identify the beneficiaries to whom the property is to be distributed
Be signed by the testator (some states also require that the will be dated).


https://www.legalzoom.com/articles/h...ten-will-valid


it is all spelled out here

https://www.alllaw.com/articles/nolo...lls-valid.html

Last edited by mathjak107; Yesterday at 03:00 AM..
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Old Yesterday, 04:33 AM
 
6,912 posts, read 3,851,355 times
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Quote:
Originally Posted by treeluvr View Post
I have been putting this off forever, but I know I need to make a will. I will be a pretty simple one, leaving most of my assets (assuming anything is left) to charities and making some provision for the care of my dog--if she survives me. I'm not anywhere near wealthy, but I have a well-developed saving habit and may (or maybe not) be able to make a reasonable contribution to a couple of causes I believe in. And, there are relatives that I am not interested in enriching.

I doubt I need a sit down with an estate lawyer, but I've been looking a some of the online sites that say they will help with will and health directive preparation. I imagine they would be fairly inexpensive and adequate, but, I don't know anyone who has used an online site for this sort of thing. Or maybe there is some reason it is better to get an estate lawyer?

My question: have you used an online legal site to prepare a will? What was your experience?
A former friend co-worker of mine did. He was a legal secretary by vocation, and had obtained his law degree at night school and did some pro bono work as an attorney. He just did his will from an online source and told me to do the same, when I asked best way to do a will. He said that unless there's something special, or you're wealthy, and you just need to designate heirs and such, a standard will for your state will be fine. He, like me, were single, no kids, no inherited property for extended relatives to fight over. Very simple.

I have no personal knowledge of it, so I just pass that on.
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Old Yesterday, 04:37 AM
 
72,585 posts, read 72,480,100 times
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Quote:
Originally Posted by bpollen View Post
A former friend co-worker of mine did. He was a legal secretary by vocation, and had obtained his law degree at night school and did some pro bono work as an attorney. He just did his will from an online source and told me to do the same, when I asked best way to do a will. He said that unless there's something special, or you're wealthy, and you just need to designate heirs and such, a standard will for your state will be fine.

I have no personal knowledge of it, so I just pass that on.
there is no such thing as a standard will in most states ...it is all subject to the words the writer uses or omits or makes ambiguous ... which is why we could not get an attorney to sign off on an internet will as being okay .

as our situation showed the omitting of even one word like the word "only " as in only child created major expenses and headaches.

as far as i am concerned these are the types of attorney's you don't want to have involved in your paperwork, the part timers or those not actually experienced in the field. that is how amateur mistakes are made .
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Old Yesterday, 04:41 AM
 
6,912 posts, read 3,851,355 times
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Quote:
Originally Posted by mathjak107 View Post
there is no such thing as a standard will in most states ...it is all subject to the words the writer uses or omits or makes ambiguous ... which is why we could not get an attorney to sign off on an internet will as being okay .

as our situation showed the omitting of even one word like the word "only " as in only child created major expenses and headaches
Pardon me for not stating it exactly correctly...each state will have provisions and verbiage normally used (if not required) in that state. Louisiana's legal system, for instance, is from the Napoleonic code, unlike all other states, and is unique. Texas will have language that it prefers in that state's will form. Some states require that decedent's children inherit, while other states leave it up to the person to designate heirs. And so on. Louisiana used to require that a decedent's children inherit, so a person could write a will to kingdom come designating everyone in the world to inherit except the children, but that would not have been valid in that state.

So the states have different inheritance laws, and there will be a standard form for a simple will for each state. You would have to choose which provisions apply to your situation. For a single person with no children, no inherited property to leave, no wanting to cut down on taxes because you're wealthy, a standard will for your state might be fine. So said my friend.

Last edited by bpollen; Yesterday at 04:49 AM..
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