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  1. #1
    FuLLTiLT is offline Junior Member
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    How to bequeath real estate

    What is the name of your state (only U.S. law)? Indiana

    Drafting my last will & testament.

    Want to bequeath all real estate (parcels and land and any structures located on them) to one direct relative.

    Is it sufficient to say such? i.e. "All real estate and parcels of property including the parcel commonly known as 555 Generic Avenue in City Name, Indiana"

    Is it necessary to list county parcel ID#'s on the will?

    Would listing brief tax descriptions on the will be a prudent measure?

    Thanks in advance for offering help drafting this essential legal contract.
  2. #2
    latigo is offline Senior Member
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    Personal property is “bequeathed" Real property is “devised”.

    Secondly, you are making one monstrous mistake in “drafting” your own will! But go ahead. Attorneys will need future work.

    Incidentally, I have several office probate files that you can’t run and jump over because people “drafted their own wills”. The most recent, in which I became involved at the tail end, went up and down from probate to state Supreme Court twice and took SEVEN YEARS to finally resolve!

    And by the way, the contest was over the testatrix’s attempt to devise real estate among siblings. But it did save her a trip to her lawyer's office.
  3. #3
    TrustUser is offline Senior Member
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    Quote Originally Posted by FuLLTiLT View Post
    What is the name of your state (only U.S. law)? Indiana

    Drafting my last will & testament.

    Want to bequeath all real estate (parcels and land and any structures located on them) to one direct relative.

    Is it sufficient to say such? i.e. "All real estate and parcels of property including the parcel commonly known as 555 Generic Avenue in City Name, Indiana"

    Is it necessary to list county parcel ID#'s on the will?

    Would listing brief tax descriptions on the will be a prudent measure?

    Thanks in advance for offering help drafting this essential legal contract.
    have you considered using a trust ?
  4. #4
    FuLLTiLT is offline Junior Member
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    OK

    Thanks for reply's and I appreciate your honesty.

    Just a little background, I am 36 years old, in excellent health and have no children. I have no plans to leave this world anytime soon. I have been able to accumulate considerable assets and the thought of the government taking what I've earned makes my stomach churn.

    My parents have an estate attorney coming in to plan their estate transfer next week and at that time I plan to present my will to him for review. After it has been deemed acceptable I plan to properly execute it (with witnesses and notarized) and put it on file at the county recorders office. I have done considerable research and used a template to draft the will yet it wouldn't surprise me if there are some errors with my work.

    So please enlighten me with the proper way to "devise" real estate on a last will and testament (perhaps a link with examples) while keeping in mind I plan to have an estate attorney review my work.
  5. #5
    anteater is offline Senior Member
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    Quote Originally Posted by FuLLTiLT View Post
    I have been able to accumulate considerable assets and the thought of the government taking what I've earned makes my stomach churn.
    Huh?

    Sorry, but a will is not a Tums for estate tax heartburn. If your estate will be subject to any estate/inheritance taxes, it will be subject to those taxes whether or not you have a will.
  6. #6
    FuLLTiLT is offline Junior Member
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    Quote Originally Posted by anteater View Post
    Huh?

    Sorry, but a will is not a Tums for estate tax heartburn. If your estate will be subject to any estate/inheritance taxes, it will be subject to those taxes whether or not you have a will.
    Yes you are right and I didn't explain myself well. I understand beneficiaries of my estate will be subject to inheritance taxes. I was attempting to convey that I want to prevent the government from becoming my beneficiary due to lack of executing a will.

    So please, let's go back to my original purpose of this thread...

    HOW DO I DEVISE REAL ESTATE TO MY CHOSEN BENEFICIARIES ON MY LAST WILL & TESTAMENT?

    Thank You in advance for sharing knowledge.
  7. #7
    anteater is offline Senior Member
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    The government does not become your beneficiary if you do not have a will.

    Whatever uniquely identifies the property should be sufficient.

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