RE: I was thinking I should have a will even though I am only 27

RE: I was thinking I should have a will even though I am only 27 (Full Version)

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barelynangel -> RE: I was thinking I should have a will even though I am only 27 (6/17/2010 5:22:03 PM)
Also, be very very very clear as to what your wishes are (medically) but ALSO be sure the person you are naming is going to be ABLE to do what you wish. For example, my parents have both named me on their Health Care Power of Attorney and executor of the Living will so to speak after each spouse. I have an older brother who is not named at all. Why? Because my parents aren't sure my brother would be able to follow their wishes ---- i.e., pull the plug if it came down to it. But more so they think the decision would destroy him or harm him to have to make such a decison. They have spoken with him about this and me about this and they named me. Now i know that i would try and work with my brother as much as possible but in the end, I am the one who will make the decision and the decision I make will be something i have to live with for the rest of my life. Its a very hard responsibility i have taken on, and I am glad they didn't blindside me with this decision when it was too late to talk about or prepare myself for. Be sure you speak long and precise to whomever you are naming to make the HARD decisions. Make sure they understand what you are asking of them -- to pretty much allow you to die if that is what you are asking. Make sure they are the type of person who could live with making the hard decision because they know they are not making a decision for THEMSELVES but for you. angel

LafayetteLady -> RE: I was thinking I should have a will even though I am only 27 (6/17/2010 9:29:17 PM)
quote: ORIGINAL: Aneirin But unless we set up directions, who will know our thoughts, and with that, who will honour them if nothing is in writing. And if something is in writing, why has it got to be an official document, what is wrong with just writing out a note so it will be found. Well, first of all, you realize that much of the advice given here is based on the laws in the USA, not the UK. A handwritten will in the USA can be considered an official document, but there are different proofs required. Check your local magistrate or whatever you have for what is needed. quote: ORIGINAL: pahunkboy I thought- one has to file the will with the county courthouse. I already told my sister she is to sort and decide any of my personal effects. I doubt there is enough equity in my house to bury me. I own a grave- actually 2 of them. But in a way- I dont care what happens when I am dead. The will needs to be filed (actually probated) with the country courthouse AFTER you die. Before you die, they really don't want to know about it. If your sister is your next of kin, and you die intestate (without a will), she will need to get the court to appoint her administratrix of your estate for her to make those decisions and have the legal authority to distribute your estate. If you have a will, name your sister as executrix and specify that you want her to decide how to distribute your assets. Just know that doing it that way can very easily cause a great deal of disagreement with your family and is not a wise idea. quote: ORIGINAL: Toppingfrmbottom No offense taken, You're right it's small, at this point it's a bank account, and personal belonging, most stuff people would just think bah big deal lol. My parents atterny guy is really expensive, he wanted like 4 thougsand dollars to update their trust and stuff, and he wanted it right then and there. There's people out there that'll do stuff like trusts and wills and stuff for you for less, or have payment plans so I wouldn't recommend that guy lol. Yes, my parents and my partner get along really well, and should Daddy still be in my life when I pass, they'd work together to make sure my wishes were respected and the right thing was done. In fact my parents would probably step aside and allow Daddy to manage things, since at that point he'd be my husband, and the spouse takes care of those kind of things. Actually, your spouse would only be the "defacto" administrator of your estate without a will. With a will, you can assign that duty to just about anyone. Not that you would need to know this, but in NJ, one can completely disinherit children in their estate, but NOT their spouse. You can find an inexpensive attorney to do a simple will in the phone book. Remember because you don't have lots of assets, your will will not be very complicated, although it sounds as though your parents do have some substantial assets and I'm sure a portion of those assets would be distributed to you upon their death (one of those "major" life changes that requires you to review and potentially adjust your will). One thing I forgot to mention is that if you have assets that you own with someone else as "tenants in the entirety," those things are also not subject to distribution by your will. Such as a home owned by husband and wife jointly. This can also be done with business partners, friends, whatever. Upon the death of one of the owners, the other receives the deceased portion of the asset. It is something that "falls outside the will" much like life insurance. I'm glad that I could help. Kind of funny, I really don't like estate law and felt like I slept through most of it. I am really surprised at how much I remembered without having to look it up, lol. Just remember, you do need to check what the specific laws are for your state. Much of what I described is pretty general across the country, but each state seems to feel a need to add some rules that complicate matters, so you want to make sure you cross all your "t's" and dot all your "i's." If you have any other questions or feel the need, you know how to find me on the other side. I'll be happy to help with whatever I can.

barelynangel -> RE: I was thinking I should have a will even though I am only 27 (6/18/2010 5:22:28 AM)
If you don't work or can't afford an attorney, you can check with legal aid.

Toppingfrmbottom -> RE: I was thinking I should have a will even though I am only 27 (6/18/2010 8:58:39 AM)
Yes, I had the option to put a pink sticker on my CA ID, and, when I renewed it was in the actual plastic I think, because I have chosen to be a donor. quote: ORIGINAL: ThatDamnedPanda As for the organ donation thing, does California have a checkoff on their driver's license for that? I know many states do. That's probably the best way to handle that, because no matter what happens, the license is almost always with you - and, therefore, with the body. Then they'll know immediately, while it's still useful to them, rather than having to go through your grieving family.

Dominatist -> RE: I was thinking I should have a will even though I am only 27 (6/18/2010 9:40:13 AM)
quote: ORIGINAL: LafayetteLady If your sister is your next of kin, and you die intestate (without a will), she will need to get the court to appoint her administratrix of your estate for her to make those decisions and have the legal authority to distribute your estate. If you have a will, name your sister as executrix and specify that you want her to decide how to distribute your assets. Just know that doing it that way can very easily cause a great deal of disagreement with your family and is not a wise idea. Actually, your spouse would only be the "defacto" administrator of your estate without a will. With a will, you can assign that duty to just about anyone. Not that you would need to know this, but in NJ, one can completely disinherit children in their estate, but NOT their spouse. One thing I forgot to mention is that if you have assets that you own with someone else as "tenants in the entirety," those things are also not subject to distribution by your will. Such as a home owned by husband and wife jointly. This can also be done with business partners, friends, whatever. Upon the death of one of the owners, the other receives the deceased portion of the asset. It is something that "falls outside the will" much like life insurance. I'm glad that I could help. Kind of funny, I really don't like estate law and felt like I slept through most of it. I am really surprised at how much I remembered without having to look it up, lol. Just remember, you do need to check what the specific laws are for your state. Much of what I described is pretty general across the country, but each state seems to feel a need to add some rules that complicate matters, so you want to make sure you cross all your "t's" and dot all your "i's." If you have any other questions or feel the need, you know how to find me on the other side. I'll be happy to help with whatever I can. Actually yes...and no. Yes, most states are similar but by your description...NJ is unlike most others. First, to die without a will requires the state to place the estate under the jurisdiction of intestacy. That assumes all real and liquid property of the deceased will go to the 'next of kin.' The court then searches for ALL of the kin. I sold a piece of land that when it went to court had 32 heirs...at the end, there were 18 as 14 died while intestate. In the case of any of the deceased's partnership interests, any equity also goes into intestacy is assumed by the state to go to 'next of kin' the same as deceased's home. Heirs can also force suit for partition and are almost always paid off in cash. As for real property, if husband or wife dies intestate...they are 'tenants in the entirety' and the living automatically becomes owner of real property as of the filing of a death certificate and filing petition for assumption. If ownership is a friend or sibling, you are 'tenants in common' and only after the period of intestacy...heirs can force a sale by a partition suit.

pahunkboy -> RE: I was thinking I should have a will even though I am only 27 (6/18/2010 10:24:56 AM)
The will needs to be filed (actually probated) with the country courthouse AFTER you die. Before you die, they really don't want to know about it. If your sister is your next of kin, and you die intestate (without a will), she will need to get the court to appoint her administratrix of your estate for her to make those decisions and have the legal authority to distribute your estate. If you have a will, name your sister as executrix and specify that you want her to decide how to distribute your assets. Just know that doing it that way can very easily cause a great deal of disagreement with your family and is not a wise idea./snip THANK YOU. There really arent any assets. There is a house- with a mortgage. and an old car. I would be surprised if the worth of it all would pay a funeral. Wouldn't giving my sister a key- indicate intent? Basically much of my junk will need a dumpster. There are however pics- and personal papers. All members of my family know my sister has the say so on it. She is the only one who could decipher my letters and effects. There is abit of bullion-- silver/gold. This is not valuable per se. Think of it as my antiques, collectibles. Any fight - would be over the precious metals. But consider what burial costs are- PA the state gets ones property UNLESS there is a will. I do not have one. The family wont be interested in pics- and effects- maybe mom would be abit. The fight will come over the bullion. But we are back to how does the burial get paid? Enter in the bullion. But if they cremate me and hit the casino with the bullion- so be it. When I actually have anything of worth- then I will worry. But for now- it all is a wash.

LafayetteLady -> RE: I was thinking I should have a will even though I am only 27 (6/18/2010 5:02:09 PM)
Which is specifically while I told the OP to check with the laws of HER state. Most specifically, I wanted to make sure that she knew there are some things that fall outside the estate, like the life insurance. I assume some larger cities have legal aid that will assist in writing a will. I'm sure that all law schools will run clinics where law students will assist under the direction of licenses attorneys. In NJ, Legal Aid would not likely help with the general "just need one" creation of a Last Will and Testament. The budget is small and the aid is given where most needed. Of course, all criminal matters, but even in cases of a divorce, you can not get aid to file for divorce, regardless of any violence or anything without special exception, but anyone who qualifies will get aid as the defendant in a divorce (and yes, we use plaitiff/defendent for everything here except for certain estate matters). It is very easy to go through the phone book and call attorneys and ask for estimate. Most are happy to give them.

LafayetteLady -> RE: I was thinking I should have a will even though I am only 27 (6/18/2010 5:08:58 PM)
pa it is a common misperception that a state receives assets from an intestate death. It simply isn't the case in ANY state. They don't want your stuff, and in fact if there is no one who steps forward to administer your estate, they are responsible for searching out the heirs and liquidating the assets. Then they must hold them for a period of time (which I can't for the life of me remember), waiting for someone to come forward. If you honestly believe that no one is going to want your stuff, and your family is going to respect your sister's decisions, go to the local office supply store, pick up a "will kit" and fill it out. Name your sister as executor with instructions that she is to liquidate whatever is necessary to pay the cost of your burial (or whatever) and the rest goes to her. She is then free to distribute it as she sees fit. If you are right and no one cares and will respect what you want and what she says, you have no problems. If they won't, then it doesn't matter if you have a will, do it through a "will kit" or pay thousands to an attorney, someone is going to put up a fight. It's the nature of people. I have seen it many times and it never fails to break my heart.

barelynangel -> RE: I was thinking I should have a will even though I am only 27 (6/18/2010 5:38:54 PM)
OP, despite LafayetteLady's trying to discourage you from calling legal aid, i would go ahead and try. Worst that could happen they won't be able to help, best that can happen is they will be able to help. Legal aid is there to help people with legal issues, wills and powers of attorneys and advance directives are major legalities people have especially the health care issues. The reason i advocate legal aid and probono over cold calling law firms trying to get one to work for a small fee, is maybe CA legal aid and probono works like TN, everytime our attorneys take a case from legal aid or probono we may not get paid but we do get CLE credit. This is a GOOD thing and you get the service of an attorney whose rate is over 350 an hour for free or whatever legal aid charges you. When we have someone cold call us who has very little money but needs help we refer them to legal aid or probono and tell them to ask for attorney so and so if they qualify. This way legal aid gets their numbers up and we get referrals that can lead to CLE credit. Also, check with your family's attorney before you start cold calling, they may know of someone who can help you and will accept the lower rate. To me cold calling law firms hoping to find one who is willing to take a low rate of pay is like searching for a tennis ball in a haystack. Its not necessarily a needle but it to me is a large block of time with many times very little results. Especially in this economy. What you may also want to do is check your local paper for paralegals who are advertising. They many times are just as capable as attorneys in preparing documentation. angel

PeanutTigerinBox -> RE: I was thinking I should have a will even though I am only 27 (6/20/2010 5:04:38 PM)
quote: ORIGINAL: LafayetteLady quote: ORIGINAL: Aneirin But unless we set up directions, who will know our thoughts, and with that, who will honour them if nothing is in writing. And if something is in writing, why has it got to be an official document, what is wrong with just writing out a note so it will be found. Well, first of all, you realize that much of the advice given here is based on the laws in the USA, not the UK. A handwritten will in the USA can be considered an official document, but there are different proofs required. Check your local magistrate or whatever you have for what is needed. I agree to that, I personally (with my family) would not trust a hand written note, which could ... vanish...also once I moved on from here I will also make mine and make sure it includes how I would want to be burried as I say since childhood, that I would want to be burned (and again, if I would live in Germany I am pretty sure that my parents wouldnt bother about that fact, despite that they know that fact...so there I would make sure it is in writing). However, living over here at the moment I know that would be the case anyway as it would be much easier for them to take me over in ashes than in the flesh...but once I move on to my next country I would do the will as my aim would be to stay there at last...though time will tell if that will be the case [8\|][8\|]

LafayetteLady -> RE: I was thinking I should have a will even though I am only 27 (6/21/2010 5:50:59 AM)
Actually, I didn't discourage her from calling legal aid, I simply explained to her that often the budgets for free legal service do not include things that technically aren't necessary. You might also remember that I told her to ask her parents' attorney for a referral. Calling a local law school for assistance is her best bet at getting it done at no cost. For anyone who had even semi substantial assets, I would never suggest cold calling, but with her very limited assets, going in the phone book and calling the attorneys who list themselves as specializing in Wills, Trusts and Estates to get some general information is a good idea. She has no reason to be interested in whether the attorney gets any kind of credit for preparing her will. Sure, it is nice for the attorney who does it, but that should not be of any concern to her. State run legal aid has a budget. They need to be able to help those who really need legal assistance with that budget. That is why NJ's legal aid system runs the way it does. Legal aid here won't help someone file a civil suit, they will not initiate a divorce and they won't help with landlord/tenant issues unless there is an eviction notice. The budget doesn't allow for it because it would prevent them from having the funds to help on criminal issues and defending against an action. The OP should be examining all her options based on HER needs and HER budget. She shouldn't have any concern over whether or not it helps the attorney. As for having a paralegal prepare the will for her, she should first check with her state and find out what the regulations are regarding paralegals. A paralegal giving her any advice regarding a will would constitute the unauthorized practice of law because they would be giving what is considered legal advice.

barelynangel -> RE: I was thinking I should have a will even though I am only 27 (6/21/2010 8:36:17 AM)
Yes i saw where you said ask her parents for a referral, i reiterated same. You are right in she doesn't need to be interested but i have found that litle tidbit helps many people because not all people are self-centered that they don't care or appreciate knowing their getting something for free is also helping someone else - which is does help the attorney -- god forbid. Are you seriously whinging because i mentioned that the attorney might benefit from helping her also? Seriously? wow. To me, if i was in a situation wherein someone took a cut or did something for free for me, i would enjoy knowing that they benefited somehow even if i wasn't the one who was able to compensate them. But i guess you don't look at it that way. OP, good luck, LafayetteLady seems to be the person who knows has all the answers so there is no sense wasting my time offering suggestions. I hope you find what you need. angel

LafayetteLady -> RE: I was thinking I should have a will even though I am only 27 (6/21/2010 10:02:50 AM)
quote: ORIGINAL: barelynangel Yes i saw where you said ask her parents for a referral, i reiterated same. You are right in she doesn't need to be interested but i have found that litle tidbit helps many people because not all people are self-centered that they don't care or appreciate knowing their getting something for free is also helping someone else - which is does help the attorney -- god forbid. Are you seriously whinging because i mentioned that the attorney might benefit from helping her also? Seriously? wow. To me, if i was in a situation wherein someone took a cut or did something for free for me, i would enjoy knowing that they benefited somehow even if i wasn't the one who was able to compensate them. But i guess you don't look at it that way. OP, good luck, LafayetteLady seems to be the person who knows has all the answers so there is no sense wasting my time offering suggestions. I hope you find what you need. angel Actually, angel, I'm not the least bit surprised that you get huffy at being contradicted. It is part of who you are, and I'm sorry that you are so offended that anyone would know more than you do on a subject. Legal Aid attorneys have their hands full with criminal cases, and the select civil cases that are necessary. They may originally have been put in place to help the indingent with all their legal needs, but in today's society that isn't the case. So while you are so concerned about how self centered I might be by not wanting to be concerned about the CLE credit an attorney might get for doing pro bono work (which incidentally, legal aid would be a sliding scale for that, not free), think of it this way. Is it fair for some legal aid attorney to have to spend time working on a simple will taking time away from a criminal matter or a serious custody dispute? Better yet, I don't believe that attorneys should get CLE credit for doing pro bono work because it is not updating their skills. That is what CLE classes are for, so they LEARN about updates in the law or about particular areas of the law to improve their skills. So be huffy all you want, and please if you have nothing of value to add because I have already given a very detailed breakdown, feel free to pass the post by. Of course, you have worked as a paralegal and if you were really that concerned, you could have offered to do her will for her if you actually had knowledge on the subject. Didn't see you doing that either.

barelynangel -> RE: I was thinking I should have a will even though I am only 27 (6/21/2010 10:43:05 AM)
Actually i am not getting huffy lol. I simply am astounded at how defensive you are in this legal aid thing. What you see as huffy is my incredulous reading of your posts and your freaking out lol. Here's a little tid bit you can do with what you will, my firm GETS FROM LEGAL AID clients -- i.e., cases and we don't do CRIMINAL. Yeah that's what we all should be concerned with all the criminal cases. But yet we get many many cases from legal aid a year -- go figure. I know the public defender's office that does many criminal cases and maybe legal aid does criminal but my contact with them is based solely on civil matters and what our attorneys do with them. I simply offered her other suggestions - you are the one who freaked out about legal aid. Funny, i swear i have signed pretty much a majority of our attorney's up to participate in the Legal Aid clinics throughout the year and as far as i know they and many PRIVATE ATTORNEYS go to the couple times of year these LEGAL AID clinics wherein the PRIVATE ATTORNEYS show up and work with people seeking legal aid and are the ones who are sent legal aid cases throughout the year if they have signed up for same. Interesting, i must be imagining things because you are absolutely right LafayetteLady lol this just can't be true. Thank you for setting me straight, i will be sure to correct the attorneys AND legal aid asap. Umm you don't think attorney's should get CLE -- okay and? grins i think we both know your indignity here is really pushing it lol. Are you hoping for an audience? grins, i am simply saying to the OP, she is in good hands as you seem to be on top of it all and know what she should do. I hope she finds someone to help her or gets what she needs. In the end, i have only indicated what i KNOW based on my experience with our firms working with legal aid. I have offered suggestions to the OP, maybe they will pan out if she tries them or maybe not. Again, i didn't guarantee her any outcome. You seem to know what she should do, if it gets the results she needs, then great and kudos to you. angel

sirsholly -> RE: I was thinking I should have a will even though I am only 27 (6/21/2010 10:51:28 AM)
Hubby and i just paid our attorney 450.00 hour because we needed an indisputable contract written. He writes S L O W.[8\|] My advice is to shop around. A will is not rocket science and it does not have to cost a fortune.

barelynangel -> RE: I was thinking I should have a will even though I am only 27 (6/21/2010 10:59:47 AM)
Damn i tell my boss all the time we are in the wrong field of law!!! Holly, TYPES slow ------> 21st century pencils are becoming obsolete didn't you know?

sirsholly -> RE: I was thinking I should have a will even though I am only 27 (6/21/2010 11:01:16 AM)
quote: ORIGINAL: barelynangel Damn i tell my boss all the time we are in the wrong field of law!!! lol...i told him he almost makes as much as a plumber!!

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