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charrin

Guest
My uncle has cancer and he has not long to live. He is the husband of my Aunt who died two years ago. He is not my blood but he trust me to carry out his wishes more than his family. He and I are co-owners of his mobile home and he has me as benificiary of his burial insurance. Would his trailer and contents become mine when he passes on. I know his sisters are wondering what will happen. They do not know that it is set up that way. I do not plan on cheating them out of anything but I do not want anything to come out of my pocket. He told them that it is all written down what he wants. I have his notes in a sealed envelope but I have not opened it. He does not have that much and it would not be worth fighting over but I know they will. Does it have to be notorized if it is in a sealed envelope and not opened. He is not any condition to go and have it notorized even though the date on the outside of the envelope was written in 1999. I don't want to upset him by asking him so I thought I would find out by asking here. I live in Illinois.
The trailer title is in his name and mine and it is paid in full. I do not know if that it would be all mine later or not. also I do not know about the contents. How would I get anything notorized if he is not able to get out. He is almost bed ridden.

[Edited by charrin on 01-18-2001 at 12:45 AM]
 


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advisor10

Guest
(01-17-2001)

When you say you 2 are co-owners of the mobile home, does that mean that both your names are on the title, and are both of you making mortgage payments or has it been paid in full? How the mobile home is handled will depend somewhat on how he mentions them in his final notes or will, but state law will also apply.

I know that death is a somewhat touchy subject that people don't want to talk about, but in your situation it is VERY IMPORTANT that you need to bring up this situation with your uncle--you can tell him that everything needs to be out on the table and discussed so that everyone can be sure that his wishes are carried out properly. If he wants to talk to just one person that he trusts about his matters, then that is fine.

When he says that everything is written down, you need to ask him specifically if he has written a will or did he have an attorney draw up an official will, as this is the best official, legal way to handle things--a simple letter is not good enough. The will must have the signature of at least 2 witnesses.

Ask him for permission to open the sealed notes in his presence because you need to know what is in them to make sure you (or someone else) can handle everything properly. If there are any questions or problems they can be cleared up now, because you can't solve any problems after he is gone! Even though he doesn't have that much, every little bit counts, and knowing what his wishes are will help to solve any disagreements that might come up.

It would be better for any documents or notes he made to be notarized, because that would be proof of his signature. It only costs about $200 or $300 (sometimes even less) for a will to be drawn up, so if he can afford it, a will is the best way to go. The notary could come to his house to witness his signature, if necessary (you don't say whether he is in the mobile home or at the hospital).

I'm proud of you for being honest enough to want to do the right thing, and you were very smart to use the power of the Internet to get advice. Please get over your fear or hesitation of upsetting your uncle--you tell him that you want him to be proud of you for facing the situation properly to do what is best for him, too. I'm sorry that he is suffering from such a horrible disease, but be sure to compliment him for being such a hard worker all of his life and it is great that he has so much trust in you!

SINCERELY,

[email protected]
 

dmode101

Member
If your uncle lives in Illinois, unless the notes in the envelope are properly attested to by 2 witnesses, they will have no effect upon his assets at his death. If your uncle has no valid will, any assets titled in his SOLE NAME will pass to his heirs-at-law under state law. Of course, this does not apply to assets that have a validly designated beneficiary or assets that are held in joint tenancy with rights of survivorship. If your uncle has any type of substantial assets in his name, and this may include personal property, they will not pass according to his wishes unless he executes a valid Will. Good luck.
 
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advisor10

Guest
(01-18-2001)

I forgot to mention to you that if you can not really afford the financial expense for the will at this time of $200-$300, please ask the attorney if he will let you pay his fees on an installment/monthly payment plan of like $10 or $20 monthly until the total amount is paid in full. If you explain the hardship situation he/she will most likely understand.

The main point is that it is very important to have a will. IT IS A MAJOR MISTAKE NOT TO HAVE ONE! If there is no will and there is confusion or doubt or a misunderstanding about how things should be handled, then it will surely cost you more than this amount to hire an attorney to straighten everything out. An ounce of prevention is worth a pound of cure.

SINCERELY,

[email protected]
 

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