tag:blogger.com,1999:blog-69602317762893673612012-01-31T22:05:01.094-08:00Lawyer's blog on Last Will and Testamentsjjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.comBlogger281100tag:blogger.com,1999:blog-6960231776289367361.post-57837412145831781552011-09-06T18:30:00.000-07:002011-09-06T18:47:18.277-07:00

Question: I previously executed a will that only disposes of my vacation home in Minnesota. I now wish to execute a will for all my other property. Can I have two separate wills, one for the Minnesota property and another for all my other property?Answer: When revocable trusts are used to pass on testator's property after death (also known as a living trust), it's not uncommon to create

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-73408660994213149672011-08-24T14:34:00.000-07:002011-08-24T14:56:34.243-07:00

Question: My mom is a resident of North Carolina. She is visiting me in New York. She is not feeling well and is also 96 years old. I have her will from Florida, where she used to live, do I need a new will for North Carolina?Answer: The requirements for execution of a last will are nearly identical in both Florida and North Carolina as both statutes are based upon the Uniform Probate

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-36995910095939076152010-06-23T08:21:00.000-07:002010-06-23T08:44:58.206-07:00

Question: I own a valuable vintage auto that I wish to leave my nephew but only if there is enough money in my estate to take care of my wife. Can I do that with an online last will? Stan, California.Response: When a last will bequeaths a specific item of property to a designated beneficiary, we call that a specific bequest. The problem presented by your question is that the standard

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-4375773471623582542009-12-11T07:18:00.001-08:002009-12-11T07:27:23.930-08:00

Over at my commercial website, there is a page with links and excerpts of the intestate succession laws of the 50 states plus the District of Columbia. These laws are used to determine who inherits in cases where the decedent dies without a valid will. At the bottom of the page for each state is a comment text box. Feel free to leave a question there about the intestate succession laws for

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-42079535363389654422009-11-18T07:59:00.000-08:002009-11-18T15:05:29.045-08:00

Question: I have a child from a prior relationship but am now married to another woman. My wife is pregnant. I want to provide for my eldest child in case I die. Do I need a trust?Response: Perhaps. The standard estate planning template for a married couple is for each spouse to leave everything to the other spouse with the kids as contingent beneficiaries in cases where both the husband and

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-16593912388326801182009-11-10T10:16:00.000-08:002009-11-10T10:40:20.508-08:00

Question: My father, sole stockholder of his architectural business and corporation, passed away. He had a revoable living trust with pour-over will leaving everything equally to my brother and I. His business has no activity and any remaining funds were disbursed to pay business debts. We want to dissolve the corporation. I am trustee and executor of trust and will. Is it correct that my brother

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-78981549096754142532009-10-28T11:44:00.001-07:002009-10-28T12:02:50.186-07:00

Question: I am widowed, have grown children, my house, car, and financial accounts that are all transfer on death. Do I need a will? Cindy, Missouri.Response: Legal issues are rarely black and white, most wallow in shades in grey. So it is with your question Cindy. If all of your assets have proper TOD designations, then it is unlikely your heirs shall need to open a probate estate after

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-69650453118364293502009-10-24T14:39:00.001-07:002009-10-28T12:03:38.277-07:00

Question: I am assisting my brother in preparing his wills. He is currently in a rest home. My brother's condition (the result of age and being legally blind) virtually prevents him from signing a Will with a legible signature. I have been told that he can authorize someone else to sign for him, as long as his authorization and the signing is observed by the Will's witnesses. Is that true?

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-33038922915525635322009-04-02T07:54:00.000-07:002009-04-02T08:08:15.390-07:00

Question: My husband wrote a will up and had it notorized in Florida. We lived in NJ at the time, he has since passed. Is it a valid will? Cindy, New Jersey.Response: Two issues are presented by your question: (a) whether the last will is valid in the sense that the court will accept it for probate in New Jersey and (b) whether it is a self-proving will that can be admitted into probate without

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-51640699029669820712009-01-28T11:37:00.000-08:002009-01-28T12:47:03.781-08:00

Question: My brother died three months ago and now my sister-in-law is expected to die soon from cancer. Who inherits the money. Todd, CA.I'll make a few general statements on the issue Todd but the question lacks sufficient information to be precise. I assume your concern is whether your family will inherit a portion of your brother's estate. No will was mentioned so I'll assume your brother

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com1tag:blogger.com,1999:blog-6960231776289367361.post-30690766992159396472008-12-19T11:06:00.000-08:002008-12-19T11:33:54.910-08:00

My wife's natural father is very sick. Her relationship with him sadly was distant by his choice. He has been remarried for 14 years or so. The issue is my wife does not feel comfortable asking his spouse if the father has a will. What occurs if he passes away and nothing is said about a will. This is an uncomfortable situation at a very difficult time. Before slipping into an unconscious state

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-90606764750117510182008-12-11T12:30:00.000-08:002008-12-12T10:34:06.306-08:00

I frequently receive questions regarding the effect of divorce upon a last will. Most states have a provision in their probate code invalidating bequests to former spouses under certain circumstances. Below are samples from three states.Florida Stat. §732.507. Effect of subsequent marriage, birth, adoption, or dissolution of marriage.--* * *(2) Any provision of a will executed by a married

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com3tag:blogger.com,1999:blog-6960231776289367361.post-21806237178492639532008-12-01T18:21:00.000-08:002008-12-01T18:52:54.734-08:00

Reader Question: Do proceeds of an insurance policy pass under the will? Kevin.Kevin, I hope you don't mind me taking your limited question and expounding further on the issue. In the vast majority of cases, life insurance proceeds pass to the beneficiary of the life insurance policy named in the policy by the owner of said policy. Usually, but not necessarily, the owner of the policy has

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-86744745164794661132008-11-14T18:01:00.001-08:002008-11-15T08:32:39.873-08:00

OK, take a deep breadth. We've all taken financial hits. The DJIA closed at 12,514 on January 12, 2007 and touched an intraday low of 7982 on November 13, 2008, a loss of 36% in less than two years. In these troubled times, you have many other issues to concern yourself with but another to put on the "to do" list is review your last will. Why? Falling net worth results in specific bequests (

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-21026664981889944012008-10-22T11:58:00.000-07:002008-11-14T11:47:18.271-08:00

This is a common question when moving from one state to another. Two points: (a) the state probate laws of the various states (Louisiana excepted) are very similar and (b) most states have an express provision accepting for probate wills created in accordance with the laws of other states. Here is a sample of state probate laws that accept wills created in other states. Arizona. California

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com2tag:blogger.com,1999:blog-6960231776289367361.post-76777525658728695262008-10-13T11:14:00.000-07:002008-10-30T15:11:51.293-07:00

A common question from persons creating their own last will is what happens if one of the beneficiaries named in my last will predeceases me? The most straight forward way to address this situation is to name contingent beneficiaries who take whenever a devise predeceases you. However, most basic last wills do not name contingent beneficiaries. In the case where a devise predeceases the

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-29124310668110439702008-10-11T10:51:00.000-07:002008-10-13T11:10:40.743-07:00

It's an annual routine to revise my mother's will around Christmas time. What's her greatest concern? Who gets her stuff--jewelry, furniture, personal mementos, etc. It's a long list of specific directions and her wishes change continually. Do I have to draw up a new last will with witnesses and notary each year just so mom can change which granddaughter gets the duck painting hanging in the

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-5565852812329518002008-10-10T12:47:00.000-07:002008-10-10T13:07:22.775-07:00

A holographic will is one in the testator's own handwriting that does not comply with the normal statutory requirements for a will (such as having two witnesses). Here is California's provision for holographic wills:A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-1272673554888439172008-10-09T12:05:00.000-07:002008-10-09T13:16:55.248-07:00

I am often asked by family members about the grounds for contesting a last will. This is especially so for offspring of the decedent who expected to be, but were not, beneficiaries under the will presented for probate. The grounds for contesting a will are limited and, in most cases, expensive to pursue. So get out your checkbook before picking up the phone to call your lawyer.The easy case is

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com1tag:blogger.com,1999:blog-6960231776289367361.post-2808520957971385752008-09-25T11:44:00.000-07:002008-09-27T06:32:59.567-07:00

Today, the Brady Bunch family is more common than Ward and June Cleaver of Leave It To Beaver. Couples come together with children from prior relationships and may, or may, not have additional children together. This creates planning issues not present for the old-style nuclear family. Top of the list: making your spouse your primary beneficiary yet providing for children you may have from a

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-8084888142727883832008-07-29T15:26:00.000-07:002008-07-29T15:56:04.351-07:00

Those with minor children rightfully concern themselves with the many "what if's" should both of us die. The easy part is, in my mind, is executing a will nominating guardians for your children should both parents die. It may take the parents several hours of kibitzing in the kitchen to agree on the guardian but the mechanics of nominating a guardian are rather straightforward (a simple

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com1tag:blogger.com,1999:blog-6960231776289367361.post-44993300515143350772008-07-26T13:50:00.000-07:002008-07-26T14:09:25.612-07:00

What happens when an individual dies without a will? In such cases, the individual is said to have died "intestate" and the decedent's assets are distributed pursuant to the laws of intestate succession for the applicable state. The best source I have found summarizing the intestate succession laws for each state is CCH (just click on the state of interest from chart at bottom of the page).

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-85000575566600610392008-07-21T06:51:00.000-07:002009-12-21T09:40:57.202-08:00

You are a parent with several children and wish to disinherit one of the children. How exactly is this handled in the drafting of the last will? The bequests to family members generally fall into two categories: (a) specific bequests (i.e., "I leave my 1969 red Corvette to my brother John") and (b) residuary bequests (i.e., "I leave the rest, residue, and remainder of my estate to my children

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com4tag:blogger.com,1999:blog-6960231776289367361.post-85067398899322782212008-07-19T11:08:00.000-07:002008-07-19T13:28:38.699-07:00

On another web site, I answer user questions on estate planning and business law topics. Not infrequently, I receive questions displaying confusion with the interaction of transfer on death designations and beneficiary designations in a last will. Let's try and break it down.What is a transfer on death designation?A Transfer on Death (TOD) designation transfers ownership of designated property

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-85031486795921227662008-07-06T08:13:00.000-07:002008-11-14T11:49:45.674-08:00

What is a self-proving will? It is one "simultaneously executed, attested, and made self‑proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal." Uniform Probate Code § 2‑504(a). Essentially,

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-61184848380220770942008-07-05T12:23:00.000-07:002008-07-05T12:35:20.701-07:00

What if one of the beneficiaries of my will predeceases me? Personally, I think this issue is blown out of proportion. Simple answer: if one of your beneficiaries dies then redraft the will to leave the bequest someone else. Yeah, but what if we die together? The probability of this occurring is very low but people still fret over it so the law provides a solution: contingent beneficiaries.

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-12655937756592592932008-07-05T11:53:00.000-07:002008-07-05T13:47:34.421-07:00

In terms of monetary value, the decedent's personal effects are of the least value yet often take up a substantial amount of planning time when creating a last will. What are personal effects? The general definition is personal or intimate belongings of an individual such as clothing, jewelry, mementos, personal papers, awards, photographs, and other similar items. As this definition can be

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0tag:blogger.com,1999:blog-6960231776289367361.post-22811420487422585222008-07-05T08:35:00.000-07:002008-07-05T11:11:13.638-07:00

So you're not a wealthy human with gobs of earthly possessions tying you down in life. Still, you wish to have a somewhat simple last will in place to make things easier on your family / significant others when the inevitable occurs. What are the elements of a basic last will and testament? Personal Representative / Executor. If probate is necessary, this is the person nominated to administer

jjrayhttp://www.blogger.com/profile/09951978285296375634noreply@blogger.com0