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... even a staple removed from a will can invalidate it In some states , and those are not contested wills , these are simply not meeting the legal requirements of the state.
And that's ridiculous. I'll question why it's acceptable that a bare-bones, by-law distribution, nothing special anywhere will prepared in state X may or may not be valid in state Y.
Same for advanced medical directives. Unless I'm changing my mind and deciding I DO want to change something, what I attested to before witnesses in state X should be good enough in state Y.
And that's ridiculous. I'll question why it's acceptable that a bare-bones, by-law distribution, nothing special anywhere will prepared in state X may or may not be valid in state Y.
Same for advanced medical directives. Unless I'm changing my mind and deciding I DO want to change something, what I attested to before witnesses in state X should be good enough in state Y.
Exactly.
First of all, when you're dead, you're dead.
Second, if you've taken care of your family by having life insurance and no debt, you're already done better than most people. A will to divide up the assets is gravy at that stage, and I can't see enriching a lawyer to write one. My dad died with assets and took care of everything - but with a surprise that wasn't in his will at all, and it was never contested.
I think I am going to buy a safe, store it in my home, and give my personal representative and beneficiaries the combination.
That's just it. I don't HAVE "a personal representative" or "beneficiaries" (other than a charity). I just want it to be found -- and not by those cut out of it -- and my wishes carried out when I pass. How would your attorney even know that you died??? It seems you should be able to just leave a copy with "the courts."
I think this is true. Probably true of many professions which essentially try and scare people into believing that calamity is right around the corner unless you engage their services. My guess is that for most people of average to somewhat above average wealth, unless you have an exceptionally screwed up family where there is no trust or respect among parents, siblings, children, spouses, and grandchildren, one could be pretty comfortable using some sort of off-the-shelf software to craft estate documents that would ensure the wishes of the deceased are carried out as he/she desires. Unfortunately, there are some dysfunctional people who manage to create situations that are challenging.
It does not require a screwed up family. It requires one screwed up family member or one family member in a financial bind or one family member on an ego-flex.
And that's ridiculous. I'll question why it's acceptable that a bare-bones, by-law distribution, nothing special anywhere will prepared in state X may or may not be valid in state Y.
Same for advanced medical directives. Unless I'm changing my mind and deciding I DO want to change something, what I attested to before witnesses in state X should be good enough in state Y.
Just a data point. He does something else now but my son worked a bunch of ER rotations and later volunteered in a NYC hospital when covid hit. Docs. ignore or "interpret" less than well prepared medical directives all the time.
And that's ridiculous. I'll question why it's acceptable that a bare-bones, by-law distribution, nothing special anywhere will prepared in state X may or may not be valid in state Y.
Same for advanced medical directives. Unless I'm changing my mind and deciding I DO want to change something, what I attested to before witnesses in state X should be good enough in state Y.
You don't understand the concept of federalism. Federalism provides that individual states have certain specific rights and powers. Real property must be located in a state for that state to have jurisdiction over it.
Let me give an example. You own a home in state X. You subsequently move to state Y and your family makes its home there. You have a will that you made that leaves the home to your oldest daughter because your wife died before you did.
The courts in state Y have no jurisdiction over the house because it is in a different state.
Because of rules of procedure any probate over the house must be filed in state X.
This could have been avoided by creating a trust and allowing the trustee to issue a deed to the daughter. This is one of the situations where a trust is actually the best estate planning mechanism.
That's just it. I don't HAVE "a personal representative" or "beneficiaries" (other than a charity). I just want it to be found -- and not by those cut out of it -- and my wishes carried out when I pass. How would your attorney even know that you died??? It seems you should be able to just leave a copy with "the courts."
Most good estate planning attorneys read obituaries and death notices in their immediate area.
Its not fool proof. There is a certain bit of expecting someone like a family member to tell them you have died.
If you truly don't have someone who can tell the attorney you have passed (family, friend, etc) than there might indeed be an issue.
And that's ridiculous. I'll question why it's acceptable that a bare-bones, by-law distribution, nothing special anywhere will prepared in state X may or may not be valid in state Y.
Same for advanced medical directives. Unless I'm changing my mind and deciding I DO want to change something, what I attested to before witnesses in state X should be good enough in state Y.
Quote:
Originally Posted by markg91359
You don't understand the concept of federalism. Federalism provides that individual states have certain specific rights and powers. Real property must be located in a state for that state to have jurisdiction over it.
Let me give an example. You own a home in state X. You subsequently move to state Y and your family makes its home there. You have a will that you made that leaves the home to your oldest daughter because your wife died before you did.
The courts in state Y have no jurisdiction over the house because it is in a different state.
Because of rules of procedure any probate over the house must be filed in state X.
This could have been avoided by creating a trust and allowing the trustee to issue a deed to the daughter. This is one of the situations where a trust is actually the best estate planning mechanism.
Like it or not that's the way the law works.
absolutely, anyone who thinks a will prepared and pertaining to one state is 100% valid in another needs an education on estate planning .
as little as removing staples in a will in some states can be problematic
Fear factor.
You sure seem to worry about stuff, mathjak. An observation from many years on these boards.
"Only the paranoid survive." -- Andy Grove
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