Creating Will ?s...help please

Tracey031 · May 24, 2002

California: My father is very ill. He no longer owns any real estate, but has a few pension plans, two life insurance policies, SS disbursements, checking/savings accounts, cars and personal affects. He also owes some money for medical expenses not covered by insurance. He is still married to our mother, and they have three adult children, including myself.

My siblings and I are using the software program Family Lawyer to prepare my father's will. I understand that Power of Attorney is only valid until he passes away. Is this correct?

Once that happens, does this authority go to the Executor of his will?

Can the Executor be a blood relative and/or a beneficiary of the Will? Does the Executor become personally liable for clearing my father's debt... can the collectors come after the Executor?

If my siblings and I (along with my father) decide to assign my mother as the sole beneficiary of his estate, can we (the children) sign the Will as witnesses?

Do we need a notary to sign if we are SURE no one is going to contest the Will? Is it legal without a notary's signature?

Lots of questions and little time.... Thanks in advance.

I AM ALWAYS LIABLE · May 24, 2002

Tracey031 said:
California: My father is very ill.

My siblings and I are using the software program Family Lawyer to prepare my father's will.

My response:

Before I get to your questions, your statements, above, concern me.

1. What is wrong with your father?

2. Is he of "sound mind"?

3. Is he the one telling you how he wants his will and bequests prepared; i.e., is he sitting with you as you type, and is "directing"?

These are important questions that I need answered.

IAAL

Tracey031 · May 24, 2002

He has end stage cancer. He is bedridden and can barely even sit up, but yes, he is of sound mind and he is fully aware that we are preparing the will for him, based on his directive.

He really doesn't have much money in his estate, but we want to make sure what he does have goes to my mom. She has been a stay at home mom her whole life and been fully dependent on him. This isn't a case where the kids will be fighting over who gets what, but we want to make sure as little as possible goes to the gov't. We can't afford to have a lawyer prepare the will. Thanks.

I AM ALWAYS LIABLE · May 24, 2002

Tracey031 said:
California:

MY RESPONSE: Okay, thanks for your reply. Just as long as he has his full mental faculties, and you're only acting as his "scribner" and not placing anything in the Will that is not of his choosing, then you're doing this correctly.

I understand that Power of Attorney is only valid until he passes away. Is this correct?

MY RESPONSE: That is correct.

Once that happens, does this authority go to the Executor of his will?

MY RESPONSE: No, it's not automatic. You'll need to file a "Petition for Probate with Will Annexed". The court will then approve and appoint the Executor and issue Testamentary Letters, giving the Executor the official authority to act on behalf of your father's Estate.

Can the Executor be a blood relative and/or a beneficiary of the Will?

MY RESPONSE: Yes.

Does the Executor become personally liable for clearing my father's debt... can the collectors come after the Executor?

MY RESPONSE: Well, the answer to that is quite convoluted; however, in a Small Estate, and in the "norm" the answer is, "Not likely." As long as all of the creditors are given Notice of Death, and are given the opportunity to make their written Claims against the Estate, the Executor can only pay those creditors to the extent of the value of the Estate. There's a lot more to this, and I would suggest that you go to Barnes & Noble to buy a book on the subject for further details.

If my siblings and I (along with my father) decide to assign my mother as the sole beneficiary of his estate, can we (the children) sign the Will as witnesses?

MY RESPONSE: You could sign the Will even if all of you are beneficiaries. The only difference that would make is if there's some other relative that could possibly contest the Will. If there is that potentiality, I would strongly suggest that if you children do sign the Will as witnesses, that you also have at least two disinterested persons also sign as witnesses.

Do we need a notary to sign if we are SURE no one is going to contest the Will? Is it legal without a notary's signature?

MY RESPONSE: A notary signature is not required; however, to be safe, and because you can never be 100% sure that your "slack-jawed" cousin Billy Bob might contest the Will, having the Will notarized can't hurt.

Lots of questions and little time.... Thanks in advance.

MY RESPONSE: I know. My father passed very quickly after his diagnosis of pancreatic cancer.

My thoughts are with you - -

IAAL

Tracey031 · May 24, 2002

Thanks so much, IAAL. Your knowledge is a tremendous help. This forum is lucky to have people like you who are willing to offer such sound advice. Thanks again.

Creating Will ?s...help please

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Tracey031

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I AM ALWAYS LIABLE

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I AM ALWAYS LIABLE

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Tracey031

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