Wills...

S

Shutterbug

Guest
My husband and I are finally getting around to making out a will. I ordered some kit through the Internet and started to make out a separate will for myself. We have no kids (just a dog) and basically everything goes to my husband. If we were both to die, I had listed my father as next in line for everything. Here is the problem, I listed specific things to go to my mother and brother in the event that both of us should die. My husband is wondering if I just die, and everything goes to him, will my mother and brother fight to get those things because I made mention of it? How should this be phrased?

He is wondering if maybe we shouldn't just have it say "all to husband" and just have a listing of things to go to mom/brother in a separate document as a condition only if we both die.

Also, can you have a joint will? One that says "all to spouse"?

Any advice that is helpful would be appreciated.
 
S

Shutterbug

Guest
:sniff:

Not even a smarta$$ comment from Pete or an insult from NoMoney?
 
RoseRed

RoseRed

American Beauty
PREMO Member
I think that you should specify that in the event of your death, particular items should go directly to whomever you specify. It is up to the executor for your will to see that said items are distributed accordingly.
 
SurfaceTension

SurfaceTension

New Member
How 'bout something like "everything goes to hubby, however, should he precede me in death, x,y,z goes to A,B,C"

Edit to add: At the library you can find a cd with will forms in Word format and the ever popular "Idiot's Guide to Wills".
 
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sleuth

sleuth

Livin' Like Thanksgivin'
Question: What are the laws concerning the legality of wills? Does it have to be written? Does it have to be certified or notarized by anyone? Does there have to be a witness to the signing?
 
S

Shutterbug

Guest
Originally posted by sleuth
Question: What are the laws concerning the legality of wills? Does it have to be written? Does it have to be certified or notarized by anyone? Does there have to be a witness to the signing?
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The kit that I got from the Internet requires three witnesses to sign, but it only has to be notorized if it is done in the state of Louisiana. I think if you don't have anything written down that the state can take everything....but I'm not sure. That's why I was trying to get something in writing....to be safe.
 
K

kaZPeteZamm

Guest
Originally posted by sleuth
Question: What are the laws concerning the legality of wills? Does it have to be written? Does it have to be certified or notarized by anyone? Does there have to be a witness to the signing?
Click to expand...
In other words,

If I write that I am leaving everything to my soon to be betroved, is it really hers if she zaps my azz? Will it count if I save money on paper by putting it in a thread on here? Do I really have to fork over the 4 bucks just to get the notary stamp? Should I start a thread asking for volunteers who will drive to my place to witness the posting of said thread?
 
S

Shutterbug

Guest
Originally posted by kaZPeteZamm
In other words,

If I write that I am leaving everything to my soon to be betroved, is it really hers if she zaps my azz? Will it count if I save money on paper by putting it in a thread on here? Do I really have to fork over the 4 bucks just to get the notary stamp? Should I start a thread asking for volunteers who will drive to my place to witness the posting of said thread?
Click to expand...

Well, that is more like the forum comments I was expecting from this thread. Took you long enough! :lmao:
 
BadGirl

BadGirl

I am so very blessed
Let's tale hypothetically that you died and left all of your belongings to your husband. He re-married after a short while, raised a family, perhaps, and then he died. Would you want your precious family heirlooms going to your husband's new wife and her family, or would you want those heirlooms going to your father/mother/siblings/nieces/nephews? If you want to preserve the line of your heritage, you need to specify in detail what items are to go to whom, and in the event of your husbands death, what items are to be returned to your family for disbursement. I sure as hell wouldn't want my grandmother's engagement ring going to my husbands new wife when I'd rather the ring go to my favorite niece.
 
sleuth

sleuth

Livin' Like Thanksgivin'
Originally posted by kaZPeteZamm
In other words,

If I write that I am leaving everything to my soon to be betroved, is it really hers if she zaps my azz? Will it count if I save money on paper by putting it in a thread on here? Do I really have to fork over the 4 bucks just to get the notary stamp? Should I start a thread asking for volunteers who will drive to my place to witness the posting of said thread?
Click to expand...

Actually... I was just wondering if they could be video wills. :rolleyes:
 
H

Hot N Bothered

New Member
As I understand it, the safest thing is to have it all on paper, witnessed and filed with the register of wills at the county courthouse.

Lacking that...
If there is no will at all, the state has the right to disburse the estate according to a predetermined line of inheritance. As I remember it from civics class, that line is spouse, children, grandchildren, parents, siblings, nieces & nephews, grandparents, aunts & uncles, cousins. Basically it goes to the first person on the list and if that person doesn't exist it goes to the next person and so on.

If you have little mementos that you want to go to specific people, make sure it is writing. If you give verbal instructions, it may end up in court and the court must determine if there were clear instructions. Verbal instructions aren't always clear, especially if there aren't a bunch of witnesses who agree. I've seen cases where mementos were promised, but weren't written down, so it didn't happen.
 
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