Lawyer advised no Will. Plz Help

[newstart90]

What is the name of your state? Minnesota

My husband is terminally ill, and in the process of adjusting to that terrible fate, he contacted his lawyer about a will. The lawyer advised him that he should NOT make one out to avoid probate.
The situation is that the house is in both our names, with surviorship rights. His children do not know this, and are already making plans to have me move out so that they can sell the house as soon as Dad dies.
They know that I have invested in the house, and have stated that I will be reimbursed that money, but my husband wants me to have more than that, as I have cared for him, and have spent large amounts of my money for his health care, etc. He and I have discussed what shares the kids should get, and he is adament that I get more than them, because I have cared for him and have spent large amounts of my money for his health care, etc.
I know I can expect a battle from at least one of the kids ( she is convinced that I am killing her Dad because I am not taking him out of the country for treatment, and everyone " knows that the doctors in America know about a cure for cancer, but won't allow it because of money" ).
I really want the kids to know that I am following their Dad's wishes, but he won't talk to them about it. Should I have him make a holograpic will ? I should also say that he has no other assets besides a older truck and some tools, etc. and that we are kinda hard up for cash right now....

 

[seniorjudge]

Q: The lawyer advised him that he should NOT make one out to avoid probate.

A: Fire this idiot immediately and get him to an estate planning attorney who can make up all the instruments and documents necessary to forestall any big fights when he passes.

You especially need durable financial powers of attorney for healthcare AND for financial purposes (among many other things).

I would also suggest that you take him to two independent doctors before he signs everything and two other independent doctors after he signs everything. Tell all four doctors that you want a written report from them showing that he was competent when they examined him.

 

[GaAtty]

GAAtty

I can't understand at all why any attorney would advise no will in a situation like this. This is exactly the type of situation in which you need a will! Your husband should make a will as soon as possible and leave everything to you, and make you executor. If he does that(assuming that is his wish), then if the jt. with right of survivorship title on the house is challenged by the kids, then you still have his will leaving you his interest (as a back up), and his will leaves you the furniture, etc., so the kids can't kick you out. Then you can always give the kids whatever you feel like. Forget the holographic will. I agree with the other responder who says to have doctors who can testify as to competence, but you might also consider tape recording him stating what he wants done with his property. Also, make sure that the witnesses for the will signing know him personally and can be found later so they can testify as to competence.

 

[seniorjudge]

...I can't understand at all why any attorney would advise no will in a situation like this...

Remember that idiot in law school who you wondered what would happen to since he didn't have enough sense to pour **** out of a boot?

Well, he's practicing in Minnesota.