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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.
I understand just fine... and I still think it's ridiculous.
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.
Its foolish to believe that those assets will simply disappear. They will have to be probated unless they are something like money in "pay on death account" or an account with living joint tenants.
The probate will be simpler if there is a will and if a personal representative (executor) has been named.
There are issues with life insurance. In my mind, the biggest one is that the older you get, the harder it is to have any significant life insurance. Term life insurance is sold to younger people and by the time most are 70 or older it is too expensive to purchase. Its not a practical way to dispose of most estates.
You can pay now or you can pay more later. Its how these things work.
I understand just fine... and I still think it's ridiculous.
So, is your plan to take away state's rights and just have one government in the United States?
Its probably not, but those are the kind of issues that have to be dealt with to fix the problem you're describing.
I promise you that state governments don't think its ridiculous that they have powers separate from the federal government. This is a longstanding dispute between conservatives and liberals.
Its foolish to believe that those assets will simply disappear. They will have to be probated unless they are something like money in "pay on death account" or an account with living joint tenants.
The probate will be simpler if there is a will and if a personal representative (executor) has been named.
There are issues with life insurance. In my mind, the biggest one is that the older you get, the harder it is to have any significant life insurance. Term life insurance is sold to younger people and by the time most are 70 or older it is too expensive to purchase. Its not a practical way to dispose of most estates.
You can pay now or you can pay more later. Its how these things work.
98% of term is never paid out on…those polices are long gone by death
So, is your plan to take away state's rights and just have one government in the United States?
Its probably not, but those are the kind of issues that have to be dealt with to fix the problem you're describing.
I promise you that state governments don't think its ridiculous that they have powers separate from the federal government. This is a longstanding dispute between conservatives and liberals.
I think some things should be standardized, yes. And thanks for taking the time to answer.
I've posted before that my wife's Texas Real ID wasn't good enough to prove to Nebraska that she was who she said she was to get a driver license. They recognized it for every other legal business we conducted here (including buying property)... but it wasn't good enough to issue a Nebraska DL. Isn't the entire purpose of that federal initiative to have some standardization?
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.
you hear stories all the time of people having trouble collecting life insurance because of an uncrossed T or dotted I in the paper work or trying to use poorly constructed or non statutory power of attorney forms.
now complain you don’t like the way i said it
No reason to complain when you make stupid statements like this. Your post speaks for itself.
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.
No reason to complain when you make stupid statements like this. Your post speaks for itself.
really …..want to wager it’s true ?
.
google it yourself ….removing staples and restapling can have a will deemed unreliable in many states
i will wait , go ahead
let’s see who the one making stupid comments really is
“. In many states, a will can be challenged if there appears to be additional staple holes in the document or no staples at all. This is because it begs the question of whether the will has had pages removed, added, or altered at any time since the moment it was executed. At best the court will often allow those who had possession or knowledge of the document to give an affidavit to the court as to why the staples were removed or missing. The same may hold true if the will is unstapled- an affidavit would need to be provided to the court that no pages were inserted and why the will remains “unstapled”.
Just for shts and giggles, I called my state bar association again (it had been a while since I first asked). I explained that the lawyer had died, his office had permanently closed, the number was disconnected, and the building was sold. The woman answering the phone then asked, "Can you call his office? Did he have a secretary? Can you go there?" (all "no," as I had just explained) "Do you know who took it over?" (that's what I'm calling to ask YOU) Then, "Try probate." What? I explained that it's my will, and I'm still alive. What do you mean "try probate"? "That's just what they tell us to say." I asked for someone higher up, but they were all in a meeting. They were supposed to call me back, but didn't.
Any other suggestions?
Call the probate office, presumably in your local District Court. How hard is that?!
Its foolish to believe that those assets will simply disappear. They will have to be probated unless they are something like money in "pay on death account" or an account with living joint tenants.
The probate will be simpler if there is a will and if a personal representative (executor) has been named.
There are issues with life insurance. In my mind, the biggest one is that the older you get, the harder it is to have any significant life insurance. Term life insurance is sold to younger people and by the time most are 70 or older it is too expensive to purchase. Its not a practical way to dispose of most estates.
You can pay now or you can pay more later. Its how these things work.
Fair point, but as long as you have a policy in place, with a good payout (I do) - and your family will be taken care of - a will is not as important.
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