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Old Yesterday, 04:43 AM
 
72,613 posts, read 72,480,100 times
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Quote:
Originally Posted by bpollen View Post
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.
well the wills we had certainly conformed to the state .. but missing or defective verbiage is up to the writer..... no two wills generally will have the exact same words , language and provisions with few exceptions. every attorney adds their own spins usually . there is no comparison in words used between our wills from our attorney and wills by legal zoom or will maker ..they all have totally different verbiage . like i said the will read to " my child beth i leave my house and possessions "....that was poor verbiage and need to say " only child beth" that word " only " has extreme importance to the title company . ...so the title company cancelled our closing .

it was a stupid error in wording ...our estate attorney identified it right away as a problem when we kind of put him to a test and did not say what the issue was . there are things an experienced attorney can spot right away .... he also picked up on another document right away that had no sentence for predeceasing included in the verbiage .... all of these things have nothing to do with being state acceptable as wills or not. most states do not furnish wills . that leaves it up to the creator to get it correct

words used in a will can mean something other then intended or just missing . .

Last edited by mathjak107; Yesterday at 05:05 AM..
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Old Yesterday, 04:44 AM
 
1,773 posts, read 823,305 times
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Quote:
Originally Posted by mathjak107 View Post
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.

That's (the bolded part) just wrong. The author of that article is an idiot. A holographic will can be witnessed and notarized. Holographic means hand written.
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Old Yesterday, 04:56 AM
 
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here is the legal definition ...

Holographic Will Law and Legal Definition

A holographic will is one that is entirely written, dated, and signed in the handwriting of the testator (person making the will), rather than typewritten or printed. In some states, holographic wills are not required to be signed by witnesses in order to be valid to pass property


. Courts have been lenient in trying to figure out some holographic wills when questions arise, but judges will not rewrite a holographic will to make it valid. A holographic will is probably the most risky do-it-yourself estate plan because of the lack of guidelines involved.
In order for any holographic will to be valid, it must meet the following requirements:
testamentary intent,
testamentary capacity,
formality, and
free from undue influence, fraud, mistake, or duress.

https://definitions.uslegal.com/h/holographic-will/
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Old Yesterday, 07:03 AM
 
Location: NJ
10,854 posts, read 21,498,357 times
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Quote:
Originally Posted by ysr_racer View Post
The one word of advice I can give you all is, if you want somebody to have a personal possession of yours, GIVE IT TO THEM WHILE YOU'RE ALIVE.

Don't make them wait, and jump thru hoops after you die. My father did this nonsense. He left a car (and my idiot brother a house and $$$$$).

A will and a trust are just pieces of paper. Trying to get them enforced is a different story. If my father would have given me the car six months before he died, (he stopped driving years ago) it would have been much easier than me dealing with my idiot brother to get it after he died.

Want xxxxxx to have xxxx? GIVE IT TO THEM NOW.
My dad left my son his mechanics tool box. Things soured with the family after my dad passed from cancer, the tool box was sold by my mother. My son was devastated. He was the apple of both of my parents eyes, never thought my mother would do this to him but she did because my 2 siblings told her to.

All I have to say is that people get nasty when someone dies. It's everyone for themselves

Quote:
Originally Posted by markg91359 View Post
A person who attempts to represent themselves in a legal matter--even preparing a will--has a fool for a client.

Getting an attorney to prepare a legal will is relatively inexpensive. I've often wondered why so many people try to avoid that $250 expense. It tells me much about them.

If a will is not properly prepared or witnessed it can easily be thrown out in most jurisdictions.
Even wills by attorneys can be bad like my fathers final will. I took it to 3 attorneys, they all said it was trash and should be thrown out because the attorney made a few huge mistakes because the will was rewritten a few times.

The other issue, they all said it was favorable towards my older sister; but of course it was because she's the one that paid for it and was the one meeting the attorney. I had told my dad we'd find someone local to do it, my sister got furious. Of course I know why now.

If anyone needs a will written, make sure you speak directly to the attorney. If you're sick in bed with cancer like my dad, the attorney should go to you.
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Old Yesterday, 07:25 AM
 
7,503 posts, read 8,759,254 times
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If a person has no heirs, no other family members to fight over their possessions, no spouse, no ex-spouse, no prior deceased spouse, no step-children, no hidden relatives, has a simple estate, that's a very different situation than the anecdotes shared that involve all these other factors, that relate to no one else but the poster.

It is possible to have a simple and straightforward will that legally and properly and accurately disperses whatever is left of a person's estate, as the decedent intended, without issue and without complications.
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Old Yesterday, 08:28 AM
 
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the saying ,nothing is ever a problem until it's a problem was invented for end of life documents as nothing could be more truer .
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Old Yesterday, 08:50 AM
 
534 posts, read 319,472 times
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Quote:
Originally Posted by lottamoxie View Post
If a person has no heirs, no other family members to fight over their possessions, no spouse, no ex-spouse, no prior deceased spouse, no step-children, no hidden relatives, has a simple estate, that's a very different situation than the anecdotes shared that involve all these other factors, that relate to no one else but the poster.

It is possible to have a simple and straightforward will that legally and properly and accurately disperses whatever is left of a person's estate, as the decedent intended, without issue and without complications.
My biggest problem so far in getting a Will together so things get done when I'm gone has been trying to find two people to be witnesses who are not named in the Will. Other than that, small, simple estate. Mostly money accounts with beneficiaries or already set to "Transfer on Death." I just need somebody for the hospital or the cop or ambulance crew that finds me to be notified then notify everybody else, go through my place and throw everything out maybe see the car.

There's not much stuff or much to do now and if I get another 20-25 yrs there will be even less to deal with.
In fact I just talked with an estate administrator and they said the Will in my case is mainly just to designate a person to notify. Nearly everything else is s fait accompli
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Old Yesterday, 09:27 AM
 
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Quote:
Originally Posted by fallstaff View Post
My biggest problem so far in getting a Will together so things get done when I'm gone has been trying to find two people to be witnesses who are not named in the Will. Other than that, small, simple estate. Mostly money accounts with beneficiaries or already set to "Transfer on Death." I just need somebody for the hospital or the cop or ambulance crew that finds me to be notified then notify everybody else, go through my place and throw everything out maybe see the car.

There's not much stuff or much to do now and if I get another 20-25 yrs there will be even less to deal with.
In fact I just talked with an estate administrator and they said the Will in my case is mainly just to designate a person to notify. Nearly everything else is s fait accompli

Sounds like you're pretty much down to the last couple details.

My attorney advised to put the name of someone to be notified in case of your death, along with their phone #, address, and email address, on a biz card or similar size paper and put it in your wallet near your driver's license, and in the glove box of your car, and put the info on the lock screen of your smartphone, along with your own name & phone #.... basically make it easy peasy for someone to find that info if you are incapacitated. If you have an attorney, make sure that info is provided to them to put in your file.

Also add that person's info on the outside of a large envelope that is marked as your last will & testament. Make sure your contact person knows exactly where this envelope is kept so they can easily get to it, and provide a single page sheet with some instructions to help them get started executing your will. Include any related documents such as power of attorney, medical directive, etc.
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Old Yesterday, 09:47 AM
 
72,613 posts, read 72,480,100 times
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Quote:
Originally Posted by lottamoxie View Post
Sounds like you're pretty much down to the last couple details.

My attorney advised to put the name of someone to be notified in case of your death, along with their phone #, address, and email address, on a biz card or similar size paper and put it in your wallet near your driver's license, and in the glove box of your car, and put the info on the lock screen of your smartphone, along with your own name & phone #.... basically make it easy peasy for someone to find that info if you are incapacitated. If you have an attorney, make sure that info is provided to them to put in your file.

Also add that person's info on the outside of a large envelope that is marked as your last will & testament. Make sure your contact person knows exactly where this envelope is kept so they can easily get to it, and provide a single page sheet with some instructions to help them get started executing your will. Include any related documents such as power of attorney, medical directive, etc.
we gave each of the 3 kids a sealed envelope with instructions and where to find our wills and paperwork in the house along with all account info they will need in case of common death .

the day the kids got it the boys are texting back and forth and going this is like a treasure hunt , ha ha
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Old Yesterday, 02:03 PM
 
30,322 posts, read 47,597,322 times
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Quote:
Originally Posted by Mr5150 View Post
If you want to do a will for free a will in your own handwriting and signed by is legal anywhere. Get it notarized for that extra layer of legal protection. A typed will, does require two witness signatures. Notarized for that extra layer of protection. We are talking up to $20.

Do note that a will does not eliminate probate and court costs to transfer estate assets. A will simply states your wishes. A trust however, will save your estate many $1000s of dollars and speed the process from a year or two to four months.
And it costs money to create a trust
A trust can be set up incorrectly just like a will can contain faulty wording
A trust usually requires paying an administrator a fee in relation to the time and effort to administer the trust
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