On a very serious note...

[SillyGirl]

This morning I got word that the husband of a longtime friend of mine passed away unexpectedly after being hospitalized last weekend.

He had no Living Will. This made the decision making process for his family much harder than it would have been if he had left a written directive as to what he wanted.

He had no Will. While as his wife my friend will eventually get everything, the process will be much more complicated and drawn-out than it would have been if he had left a Will.

Take care of business. Don't leave your loved ones with the uncertainty of wondering what your wishes would be. Don't leave your family in the position of having to wait for Probate to pass on your assets. Please make the practical issues of death as easy for them as you can.

 

[papasmerf]

Good advice

 

[Guido]

Yup, I just paid $500 clams last year for each my wife and me to have a will. $1000 clams for my Jewish friend. :biggrin2:

 

[SillyGirl]

One other thing...when you've done your Will, do NOT keep the original in a safe-deposit box at the bank, as the bank will not want to let anyone into the box after you die. Get a fireproof box and keep the original at home, or have your lawyer hold it. Make sure someone knows where it is.

You should also have a Financial Power of Attorney, so someone can take care of your financial affairs if you are incapacitated.

You are not legally required to have these documents drawn up by an attorney, but if you're doing it yourself, do your research and make sure you understand the legal terminology involved. All documents must be notarized to be legally binding.

 

[Art Mann]

Excellent reminder, SG.

People should also prepare a Living Will to provide guidance in the event of becoming incapacitated.

My lawyer recommends keeping a photocopy in the glove compartment of your car.

 

[Leo]

Thanks SillyGirl, keeping a mental note.

 

[BEER]

Already have one.


Thanks sexygirl.

 

[oldguyzer]

I have a better plan. I am spending everything I have on wine, women and song. SG, be prepared for a new car, a few hangovers, and a very bad Elvis impersonation :biggrin2:

 

[Cardinal Fang]

My parents are both in their 80's and have made NO plans whatsoever. Since my father pulls the strings he avoids any conversations about death my brother and I have brought up. We just want to make sure our parents wishes are met in all aspects of their passing. My father is old school and believes that if he starts planning for it then he's on deaths door.

IT IS FRUSTRATING AS HELL as my brother and I know if any one of them passes it will be a burden on the other.

 

[SillyGirl]

I have a better plan. I am spending everything I have on wine, women and song. SG, be prepared for a new car, a few hangovers, and a very bad Elvis impersonation :biggrin2:

LOL, thank you for the much-needed laugh this morning. I'm ready!

 

[Transient]

My sister works in probate court and has horror stories of families trying to navigate the legal system when dealing with the estate holdings after the death of someone who did not have a living will.


My condolences to your friend on the loss of her husband.

 

[SillyGirl]

My parents are both in their 80's and have made NO plans whatsoever. Since my father pulls the strings he avoids any conversations about death my brother and I have brought up. We just want to make sure our parents wishes are met in all aspects of their passing. My father is old school and believes that if he starts planning for it then he's on deaths door.

IT IS FRUSTRATING AS HELL as my brother and I know if any one of them passes it will be a burden on the other.

It's unfortunate that people feel this way.

 

[SillyGirl]

My sister works in probate court and has horror stories of families trying to navigate the legal system when dealing with the estate holdings after the death of someone who did not have a living will.


My condolences to your friend on the loss of her husband.

Thank you.

Just to clarify, a Will and a Living Will are two different things. A Will declares how you want your estate distributed after your death. A Living Will states how you want things handled if you are incapacitated...for example, under what circumstances you want the plug pulled.

 

[Tooler]

Good advice

+ 100

 

[Maurice Boscorelli]

I guess I should get on the living will part then. Thanks for the reminder SG.

 

[SillyGirl]

You are not legally required to have these documents drawn up by an attorney, but if you're doing it yourself, do your research and make sure you understand the legal terminology involved. All documents must be notarized to be legally binding.

I should clarify this. There are rare and unusual circumstances in which the Court would recognize the validity of an un-notarized Will, but they are just that...rare and unusual.

 

[oldguyzer]

I should clarify this. There are rare and unusual circumstances in which the Court would recognize the validity of an un-notarized Will, but they are just that...rare and unusual.

Indeed, but considering it costs about forty bucks to get notarized, why take the risk?

 

[Wanker]

Post appreciated.

 

[SillyGirl]

Indeed, but considering it costs about forty bucks to get notarized, why take the risk?

It costs that much to get it notarized? Down here in NC the max permissible charge is $5 per signature. We do it all the time at work and never charge, even to someone who just walks in off the street.

When I said "rare and unusual" circumstances, I meant something like this...suppose you are driving along a lonely back road and you drive over a cliff. It is 1am, the temperature is -15C, winds are 45mph, and a heavy snow has just begun.

You are injured, but conscious and coherent enough to realize that you are bleeding profusely and your legs are pinned. Your cell phone went flying in the accident and you have no idea where it is. Due to the severity of the weather, you know that no one will see you from the road. The bleeding starts getting worse.

Recognizing the seriousness of your situation, you scribble a note that says "if i don't make it, give it all to my wife." You initial and date it just as you start to get really, really dizzy.

They find that note with your frozen remains three days later. That would probably be considered valid due to the situation in which it occurred.

I'm not sure if whether or not you had a prior Will would be a factor, it seems like it would.

 

[Blank_Dave]

The question I have in regards to something similar is "why bother when I know my family won't respect my final wishes anyway."

To be blunt, I do not want a funeral, I do not wish to be buried in the family plot, and I want my remains to be disposed in the most affordable means. I know that will not be honoured. It'll just go in one ear and out the other.