In my stepdad's will what should my title be in terms of beneficiary?

[geoffois]

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

He didn't adopt me officially and my mother passed away last year, so there is no legal relationship as far as I know. He was concerned if it just says "stepson" that in the future there could be an issue. It lists my name and social security number and address so there should be no dispute, but he was just concerned maybe there is another title or perhaps there should be no title of "stepson" or "son" or anything.

 

[TrustUser]

you already know that nothing is really necessary, since there is no confusion about who you are.

but i think i might say something like, "thomas smith, whom i never adopted, but consider to be my son".

 

[geoffois]

you already know that nothing is really necessary, since there is no confusion about who you are.

but i think i might say something like, "thomas smith, whom i never adopted, but consider to be my son".

Yeah, that's what I was thinking. He was just thinking if he remarried and even if he had a pre-nup that mabye she could contest, but he was just thinking hypothetically. I think you're right.

 

[latigo]

Yeah, that's what I was thinking. He was just thinking if he remarried and even if he had a pre-nup that mabye she could contest, but he was just thinking hypothetically. I think you're right.

Well, you'd better think about it, because if he should remarry after executing the will and you keep playing his lawyer, then there is going to be a huge problem. And it won't have anything to do with the court knowing who you are!

So why are you trying to advise him instead of his attorney?

I've got probate case files you can't run and jump over all because the testator and his family tried to save a few bucks winging it on their own!

"Winging" meaning having done precisely what you are foolishly trying to do here!

 

[geoffois]

So you a lawyer latigo, since you have probate cases yourself.

He's actually advising me and I'm not sure he has an attorney. I just cut and pasted a will online and added the information he told me. He didn't seem to want an attorney at this point, but having a will that is witnessed and notarized is better than nothing. A lawyer that I casually talk to at my gym seems to think it is okay to write it up myself. If he drastically changes his circumstances with marriage he will write up a new will. We just need something asap so there is something versus nothing. But yes, if he were to get married and do nothing to create a new will, that would be just stupid of all of us. My mother just passed away a few months ago and he was just thinking hypothetically there could be a problem. My grandmother passed away and forgot to make changes to her will and her wishes were not executed as she had said should happen. For sure he would get a lawyer if someone new came on the scene. But thanks for pointing out the foolishness of my ways, hehe.

 

[geoffois]

geoffois,

Mistakes are being made now. You said "if he gets married". That will be too late to change the will after he gets married. The changes have to take place before marriage (as in now).

The only mistake would be to not have a will in the first place. I'm sure he wouldn't spontaneous be married one day. This is a very business minded person who runs an international business and is used to planning ahead. I'm sure he wouldn't wait till after the fictitious wedding that will most likely never happen to make a prenup and write a new will. I will state it again. He wants a will asap since that is better than having no will or the outdated will that had my mom listed in it. The next step would be to have a lawyer who deals with trusts and wills to write something up. Since for some reason people keep making assumptions that I got a rock and carved some cheesy will onto a tree I will try to attach the will I used from a legal site and if it is a horrible will then thank you for pointing that out. Sorry, I appreciate the concern, but writing a current will is the changes that are being done now.

LAST WILL AND TESTAMENT

of

____________________________________

(Full Legal Names)

____________________________________

(Identification / Social Security Number/s)

____________________________________

____________________________________

(Address)



1. Declaration

I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress.

2. Appointment of Executors

2.1. I hereby nominate, constitute and appoint _________________________ as Executor or if this Executor is unable or unwilling to serve then I appoint _______________________ as alternate Executor.

2.2. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.

2.3. I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.

2.4. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.

2.5. My Executors shall have full and absolute power in his/her discretion to insure, repair, improve or to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as will be in the best interest of my beneficiaries.

2.6. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.

2.7. My Executors shall have authority to engage the services of attorneys, accountants and other advisors as he/she may deem necessary to assist with the execution of this last will and testament and to pay reasonable compensation for their services from my estate.

3. Bequests

3.1. I bequeath unto the persons named below, if he or she survives me by 30 (thirty) days, the following property:

Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
Property:__________________________________________

Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________
Property:__________________________________________

3.2. If at the time of my death any of the property described in 3.1. above is no longer in my possession or part of my estate, then the bequest of such property shall be deemed null and void and shall no longer form part of this will and testament.

3.3. If any of the persons named in 3.1. above do not survive me by 30 (thirty) days, the property bequeathed to such a person shall become part of the remainder of my estate.

3.4. If any property described above is encumbered by debt which the beneficiary of such a bequest does not want to assume liability for, such property shall revert to the remainder of my estate.

4. Remaining Property and Residual Estate

4.1. I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature in equal shares to:

Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________

AND

Name:____________________________________________
Relationship:_______________________________________
Address:__________________________________________

4.2. If any of the beneficiaries named in 4.1. are proved to be indebted to me by means of a legal instrument, then his / her share of my estate shall be reduced by the amount of such debt.

4.3. Should any of the beneficiaries named in 4.1. not survive me by 30 (thirty) days I direct that the non-surviving person's share goes to his / her natural, adopted or step children in equal shares.

5. Special Requests

I direct that on my death my remains shall be cremated and all cremation expenses shall be paid out of my estate.

OR

I direct that on my death my remains shall be buried at _______________________ and all funeral expenses shall be paid out of my estate.

6. General

6.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.

6.2. Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.



IN WITNESS WHEREOF I hereby set my hand on this _________________ day of _________________20_____ at _______________________________________ in the presence of the undersigned witnesses.

SIGNED: _______________________________



WITNESSES

As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge ____________________ is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we signed as witnesses in the presence of each other, all being present at the same time. Under penalty of perjury we declare these statements to be true and correct on this ________________ day of _________________ 20 __ at ________________________________.

Witness 1.

Name: ______________________

Address: _____________________________________________

Signature: ________________________

Witness 2.

Name: ______________________

Address: _____________________________________________

Signature: ________________________

 

[TrustUser]

has he ever considered having a trust, instead ?

 

[geoffois]

He has considered it. He will look into a trust.

 

[latigo]

geoffois, Mistakes are being made now. You said "if he gets married". That will be too late to change the will after he gets married. The changes have to take place before marriage (as in now).

Sorry curb1, but your answers are grossly incorrect!

FIRST, where did you come up with this foolish notion that a person cannot change their will once they are married?

. . it will be too late to change the will after he gets married.

What if stepdad marries without making a will? Are you saying that he cannot make his will after the marriage? Or does the restriction only apply to changing an existing pre-nuptial will?

What about his new bride? Can she make a will after the marriage? What if she had a previously existing will, would she also be prevented from changing it?
__________________

SECONDLY, the entire theory of you response is haywire.

It is the will that is executed PRIOR to the testator’s marriage where an omitted surviving spouse can claim substantial rights to the deceased spouse’s estate.

Read the following and tell us how they reconcile with your answer:

“. . . if a decedent fails to provide in a testamentary instrument for the decedent's surviving spouse who married the decedent after the execution of all of the decedent's testamentary instruments, the omitted spouse shall receive a share in the decedent's estate, consisting of the following property in said estate:
(a) The one-half of the community property that belongs to the decedent
(b) The one-half of the quasi-community property that belongs to the decedent.
(c) A share of the separate property of the decedent equal in value to that which the spouse would have received if the decedent had died without having executed a testamentary instrument, but in no event . . . more than one-half the value of the separate property in the estate.” (California PROBATE CODE SECTION 21610)

And this from the Uniform Probate Code:

PART 3 SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

Section 2‑301. Entitlement of Spouse; Premarital Will.
(a) If a testator's surviving spouse married the testator after the testator executed his [or her] will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate he [or she] would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of such a child or passes under Sections 2‑603 or 2‑604 to such a child or to a descendant of such a child, unless:

(1) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;

(2) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or

(3) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under Section 2‑603 or 2‑604 to a descendant of such a child, abate as provided in Section 3‑902._

_____________________

Just curious, but why would you even attempt to respond to the OP’s questions, let alone provide such erroneous information, knowing that you know no more about the law of wills and probate than the OP?

 

[curb1]

The situation changes when the stepfather re-marries without proper planning. Getting married is a "game changer" that many (most) elderly don't realize until too late. The same pre martital estate desires (will) don't always hold true after marriage.

You are correct the will (or no will) can be changed. I will try to delete my response.