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Old 08-23-2019, 05:53 AM
 
Location: A tropical island
4,600 posts, read 4,511,037 times
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Quote:
Originally Posted by mathjak107 View Post
With these documents you never learn you should go to an attorney.. it is always the heirs that learn that fact ..
Nothing is ever a problem with these documents, until it is a problem..then there are no do overs .

We hit two different issues , ..both were done by general practice attorneys using canned internet forms .

One was missing a word that was crucial such as the word ONLY ...when the will read I leave my house and possessions to my child Beth it omitted the word ONLY as in only child ...

That created havoc and expenses at refinancing...the other was a far more serious amateur error ...

The documents failed to contain provisions for the child predeceasing his parents .

When we needed an estate attorney we put him to task to see what he saw wrong ....immediately he saw the missing and defective verbiage
I appreciate that you want others to learn from your experience. And I understand that the way things ARE and the way things SHOULD BE are two very differently things. But it infuriates me that something like omitting the word "only" would be a problem. If they had ONLY one child, then obviously Beth was their only child. And even if Beth wasn't their only child, they said they wanted everything left to her. That should not be able to be misconstrued.

And I'm sure that attorneys don't rewrite wills from scratch for every client, but rather "fill in the blanks" for the most part. So people should be able to "fill in the blanks" for online wills (which have surely been reviewed by real attorneys) and have their intentions carried out without it costing their heirs thousands of dollars.

But of course most attorneys don't want us to be able to do wills DIY.
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Old 08-23-2019, 05:56 AM
 
73,149 posts, read 72,969,675 times
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Quote:
Originally Posted by kayanne View Post
I appreciate that you want others to learn from your experience. And I understand that the way things ARE and the way things SHOULD BE are two very differently things. But it infuriates me that something like omitting the word "only" would be a problem. If they had ONLY one child, then obviously Beth was their only child. And even if Beth wasn't their only child, they said they wanted everything left to her. That should not be able to be misconstrued.

And I'm sure that attorneys don't rewrite wills from scratch for every client, but rather "fill in the blanks" for the most part. So people should be able to "fill in the blanks" for online wills (which have surely been reviewed by real attorneys) and have their intentions carried out without it costing their heirs thousands of dollars.

But of course most attorneys don't want us to be able to do wills DIY.
Wording to a title company is very important ....the title company would not allow our refinance to go through with the potential for siblings to lay claim too or contest ....so we had to pay all the attorney’s and lost our rate we had while we got affidavits from relatives she was an only child.

They don’t want a judge ruling mom was forced or on meds or anything else they would have to pay on because they were unaware of additional potential liability outvof the box

Last edited by mathjak107; 08-23-2019 at 06:13 AM..
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Old 08-23-2019, 07:01 AM
 
581 posts, read 277,149 times
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we just replaced out trust and will after retiring here in TX- there are lots of reason to have both - from providing specific directions to heirs about the inhertneance, heath related issues, DNRS, grandkids, etc

working with a trust attorney will require some real soul searching answers to questions have not thought about in a while - disposal of assets - how and too, avoiding estate taxes and probate, money and how to disperse it- it does not have to be alot but some thought as to who gets what and when is needed, your children and if they are married how to leave it you them and not their spouses -in case of future divorces and they do occur.

Also the medical directives and how to use the estate in case of your not medically or legally able to make decisions take those real easy for your heirs. there is alot to think about when doing a trust and will that you done think of - i would say anyone with kids and even little money should have one - its not just for you but for your heirs
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Old 08-23-2019, 08:29 AM
 
127 posts, read 95,539 times
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Quote:
Originally Posted by kayanne View Post
I appreciate that you want others to learn from your experience. And I understand that the way things ARE and the way things SHOULD BE are two very differently things. But it infuriates me that something like omitting the word "only" would be a problem. If they had ONLY one child, then obviously Beth was their only child. And even if Beth wasn't their only child, they said they wanted everything left to her. That should not be able to be misconstrued.

And I'm sure that attorneys don't rewrite wills from scratch for every client, but rather "fill in the blanks" for the most part. So people should be able to "fill in the blanks" for online wills (which have surely been reviewed by real attorneys) and have their intentions carried out without it costing their heirs thousands of dollars.

But of course most attorneys don't want us to be able to do wills DIY.

I agree with you. And I'm not buying the argument that the word "only" was required in order to describe "Beth" even if some title company said that it was. Many companies have policies which are interpreted as laws by people who don't understand the difference.
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Old 08-23-2019, 09:06 AM
 
73,149 posts, read 72,969,675 times
Reputation: 50742
Quote:
Originally Posted by Chas863 View Post
I agree with you. And I'm not buying the argument that the word "only" was required in order to describe "Beth" even if some title company said that it was. Many companies have policies which are interpreted as laws by people who don't understand the difference.
Well nothing is ever a problem until itís a problem right ? So it really does not matter what you think because the fact is

1- the title company stopped the closing making it a problem

2- without even saying what was wrong our estate attorney picked up on the phrase and commented he did not like it without specificity and he was right in retrospect because that became a problem ..

So what you or I think is irrelevant
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Old 08-23-2019, 10:10 AM
 
191 posts, read 72,076 times
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https://suzeormannow.com/?gclid=CjwK...RoCL_sQAvD_BwE

We used Suze Orman's kit which includes wills, Power of Attorney, Medical Power of Attorney and a trust for $100. Probably overkill on getting the trust done, though, at least for us. We had started traveling and driving across country and began to worry because we didn't even have a will set up.

We filled in the blanks, printed out the forms and got them notarized. Pretty easy, really.
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Old 08-23-2019, 10:23 AM
 
73,149 posts, read 72,969,675 times
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No one ever met a will that wasnít easy to do .....no one ever has a problem with the wills or trusts either while they are alive .

But many heirs have a different story
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Old 08-23-2019, 11:55 AM
 
Location: A tropical island
4,600 posts, read 4,511,037 times
Reputation: 11436
Quote:
Originally Posted by mathjak107 View Post
No one ever met a will that wasnít easy to do .....no one ever has a problem with the wills or trusts either while they are alive .

But many heirs have a different story
Maybe some heirs will chime in their stories about online wills.

Perhaps it is best to go over everything with an attorney (you don't know what you don't know). But a will is superceded if financial accounts have beneficiaries listed, I believe. And the deed to a house can be set up as "Transfer on Death" or "Joint Tenancy." So a will wouldn't even affect assets in those cases, right? Unless a person wants to spell out specific items (furniture, jewelry's etc) is a will even necessary? Just asking.
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Old 08-23-2019, 12:49 PM
 
127 posts, read 95,539 times
Reputation: 240
Quote:
Originally Posted by mathjak107 View Post
Well nothing is ever a problem until itís a problem right ? So it really does not matter what you think because the fact is

1- the title company stopped the closing making it a problem

2- without even saying what was wrong our estate attorney picked up on the phrase and commented he did not like it without specificity and he was right in retrospect because that became a problem ..

So what you or I think is irrelevant

Just because the wording of the will wasn't sufficient to satisfy your title company without having to jump through additional hoops in no way invalidates the will. It was simply a policy of that title company.
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Old 08-23-2019, 12:52 PM
 
127 posts, read 95,539 times
Reputation: 240
Quote:
Originally Posted by kayanne View Post
Maybe some heirs will chime in their stories about online wills.

Perhaps it is best to go over everything with an attorney (you don't know what you don't know). But a will is superceded if financial accounts have beneficiaries listed, I believe. And the deed to a house can be set up as "Transfer on Death" or "Joint Tenancy." So a will wouldn't even affect assets in those cases, right? Unless a person wants to spell out specific items (furniture, jewelry's etc) is a will even necessary? Just asking.
If a property such as a house, car, or bank account is jointly owned and one of the owners dies, the property automatically goes to the other owner(s) without the necessity of a will. Even if there is a will, that property will pass "outside" of the will.
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