Need Will advice for elderly friend

[RooPhillip]

I'm trying to help an elderly friend draft his Last Will and Testament. He has been married 4 times and has 5 adult children. He wants to leave his estate to his last ex-wife. He can't remember the names and birthdates of all of his children. Can he draft a legal will without this information? (California)

Thanks for any advice!

 

[curb1]

Are you suggesting that this "friend" is mentally incompetent? Are you the "ex-wife"?

 

[Mass_Shyster]

I'm trying to help an elderly friend draft his Last Will and Testament. He has been married 4 times and has 5 adult children. He wants to leave his estate to his last ex-wife. He can't remember the names and birthdates of all of his children. Can he draft a legal will without this information? (California)

Thanks for any advice!

If you were an attorney, you would know this information.

Since you are not an attorney, you should not offer to practice law for your elderly friend.

 

[RooPhillip]

Are you suggesting that this "friend" is mentally incompetent? Are you the "ex-wife"?

No, I'm not his ex-wife. I'm a friend who looks in on him and tries to help him out. No, I wouldn't go so far as to call him "mentally incompetent", but he is very slow and feeble.

He has asked me to go down to the bank when he dies, clean out the cash in his SD box, and send it off to his ex-wife. I'm happy to do this for him, but I don't want one of 5 kids to show up at my door in the future, wanting to know where their share is. That's why I want him to make a will to document these wishes, to cover me if there are questions in the future. I am NOT a beneficiary. I am a friend trying to help fulfill his wishes, but wanting to cover myself too.

The "fill-in-the-blank" Will for Adult With Children I'm trying to help him complete has spaces for names and birthdates of his adult children. As I mentioned, he can't remember all of their names or birthdates. What I'm trying to find out is if his will would be legal without this information.

If you were an attorney, you would know this information.

Since you are not an attorney, you should not offer to practice law for your elderly friend.
Stevef, I didn't realize completing a do-it-yourself will was considered practicing law. He does not have an attorney. I don't know if he can afford one. Maybe you should check the title of this forum again if my actions and request for help are so offensive to you.

 

[Mass_Shyster]

Maybe you should check the title of this forum again if my actions and request for help are so offensive to you.

I don't find them offensive at all. Untangling a mess created by an invalid will provide plenty of billable hours for some lawyer down the road.

It's the government that doesn't want you practicing law, not me.

 

[Zigner]

I would certainly question his competence if he can't remember the name of all of his 5 children.

 

[RooPhillip]

I don't find them offensive at all. Untangling a mess created by an invalid will provide plenty of billable hours for some lawyer down the road.

It's the government that doesn't want you practicing law, not me.

So under the circumstances I described, it would not be a valid will? Have you just answered my question for me?

If the government does not want me "practicing law", why is it legal to purchase a fill-in-the-blank-will?


Zigner
I would certainly question his competence if he can't remember the name of all of his 5 children. Zigner, I get the impression the child he can't remember was with a woman he didn't stick around for. I don't know the details of his life. His memory is going fast. It took a lot of work to get him to remember the bits and pieces I do have.

 

[Zigner]

So, you have to coach him to remember details of his life? Like his assets and his children?

 

[RooPhillip]

So, you have to coach him to remember details of his life? Like his assets and his children?

Assets he knows. Names and birthdays of the kids is apparently tougher.

Listen, if you think I'm after his assets you're very wrong. I'm obviously already a signer on his SD box. If I had less-than-honorable intentions I'd keep my mouth shut and just go clean it out when he kicks the bucket. I wouldn't be on an online forum asking for advice about how to fulfill his wishes.

 

[ShyCat]

If the government does not want me "practicing law", why is it legal to purchase a fill-in-the-blank-will?

A fill-in-the-blank will is a do-it-yourself project (and not always a good idea in any case), not a 'have a pretend-attorney do it for you". If your friend is incapable of doing it himself, then he needs a lawyer, not a friend with a pen.

 

[Zigner]

Assets he knows. Names and birthdays of the kids is apparently tougher.

Listen, if you think I'm after his assets you're very wrong. I'm obviously already a signer on his SD box. If I had less-than-honorable intentions I'd keep my mouth shut and just go clean it out when he kicks the bucket. I wouldn't be on an online forum asking for advice about how to fulfill his wishes.

Testy?

Honestly, the thought that you might be after his "stuff" didn't enter my mind in my prior posts...

 

[RooPhillip]

Testy?

Honestly, the thought that you might be after his "stuff" didn't enter my mind in my prior posts...

Sorry, Zigner. I misunderstood your coaching comment.

Yes I'm testy. Sorry. My friend's situation has been weighing on me, and he's getting worse every day. This Will business is just the tip of the iceberg, and a minor issue compared to his other problems. I'm just trying to do the right thing.

He doesn't trust lawyers and I doubt he'd be willing to see one. I was hoping this was a simple issue and question. Even if he did agree to see a lawyer, I'm not sure they could help him remember his kids' info any better than I could...

 

[curb1]

Take him to the bank and make the accounts POD (Pay on death) accounts. No need for a will and you will be out of the mess. When he dies the money will go directly to the ex-wife. Just keep track to make sure she doesn't die first, then he would need to change the POD account. To do this would take maybe 10 minutes at the bank and would not cost anything. You could call the bank ahead of time to find out exactly what they need for information (Name and address and maybe S.S. #).

Keep this simple.

 

[anteater]

There is no requirement that children's names, let alone birth dates, be included in order to make a valid will.

Not including at least the names may increase the odds of a challenge succeeding, but that is a different question

 

[RooPhillip]

Thank you for your replies and help. My friend thanks you too.