Wills, MPOA's .. etc - Page 2 - PeachParts Mercedes-Benz Forum

HuskyMan · #16 02-13-2019, 01:25 PM

I have a book on the shelf that references the subject of wills. In it, a lawyer says, "There has NEVER been a will written that CANNOT be broken".

I concur. Once upon a time, I was a witness to a man's will. I was physically present with him when he wrote the will. Upon his death, his greedy sister hired a lawyer to try and break the will so that she could inherit (steal?) his stuff. Fortunately, the sister decided to back down after she and her lawyer found out there were two common law witnesses on the will.

That said, had the sister managed to make it into court and convince a judge she should be the rightful heir, there was a DEFINITE possibility she could have broken her brother's will.

For this reason, I stay the h*ll away from wills......but that's just me...

Mxfrank · #17 02-13-2019, 02:00 PM

Common law witnesses are a weak deterrent to a determined challenge. A successful challenge questions things like state of mind. “Husky and his buddy said he wasn’t crazy” sounds pretty thin, even in this forum. In court, a good lawyer would shred you up. If you plan on dying intestate or maybe writing your will on the back of an envelope, at least consider some sort of probate exception, like putting your cash in a fixed annuity with beneficiaries and successors.

vwnate1 · #18 02-13-2019, 05:25 PM

? You're just going to allow the state or county to have everything uncontested ? .

I go to County probate auctions and get some incredible deals ~ you did sans will/trust/whatever and the County swoops in and grabs EVERYTHING including your vehicles, furniture, clothes, all of it, they hire pin heads who mindlessly toss your stuff into old cardboard boxes then sell it, stuff stupidly mixed, damaged and broken, to the highest bidder .

I often have to buy two lots to get a complete set of something .

I can't see just walking away which is what you just said you'd do.....

" For this reason, I stay the h*ll away from wills......but that's just me... "

barry12345 · #19 02-13-2019, 10:36 PM

Quote:

Originally Posted by tbomachines

Ive used legalzoom for an llc and beware of their hidden costs and fees...think airline tickets, rental cars, concert tickets, etc. In the case of an llc, there are also auto-opt-in renewals, but would guess not an issue for a will. I'd rather see a well regarded estate lawyer or something than saving a few bucks.

Some older goats like me came from another era. Many land up with limited resources to live on. When combined with the shrinkage of the buying power of the dollar. They have to use due consideration of many things.

We as a couple have been more fortunate. Still I watch what we pay for things. We always did and that helped get us going initially. When you are paying fifty or more dollars for something that you remember you purchased for a dollar or two. Still gets my attention from time to time.

Using a reasonably simple will can keep costs down. It stlll pretty much requires a lawyers involvement though. Laws relating to them vary so much across north America. Advice may be wrong for your given area.

Anyways this thread is an excellent reminder for members to get a will done. If they have put off doing it.

vwnate1 · #20 02-14-2019, 10:32 AM

Just so ~

I grew up with nothing and still mind every dollar I spend .

There's a very apt saying :

Rich folks spend like poor folks and poor folks spend like rich folks .

"poor" is a state of mind having very little do do with how much money you have , I flat refuse to go there .

? Remember when gasoline was .27 cents the gallon?. I do .

dynalow · #21 02-14-2019, 03:40 PM

Quote:

Originally Posted by davidmash

We do not have kids to worry about but we have assets and we want to set up MPOA's just in case something goes sideways.

I have not started to look into this yet but I have looked at the legal zoom page ($150) for will, MPOA's living will/trust ...etc. Is this a good way to go? Do I need a lawyer (hate the idea of spending for a lawyer if not needed). Can you just down load a generic doc and fill it out?
Any suggestions?

Texas Estate codes:

Section 1104. Selection of and Eligibility to serve as a Guardian.....
SUBCHAPTER E. WRITTEN DECLARATION TO DESIGNATE GUARDIAN BEFORE NEED
ARISES.................................

https://statutes.capitol.texas.gov/Docs/SDocs/ESTATESCODE.pdf

My free advice is see a lawyer.

HuskyMan · #22 02-14-2019, 05:12 PM

Lawyers (liars?) have (past tense) screwed and are (present tense) screwing my family over to the tune of thousands upon thousands of dollars.

This. The Author of the Contract is the Czar of the Contract. Lawyer wrote your will? Guess who OWNS it?? Lawyer wrote your trust? Guess who OWNS it??

HuskyMan · #23 02-14-2019, 05:15 PM

Documented cases where the court decided a family member acting as guardian was not a good fit. Court threw family member off then appointed a LAWYER to act as guardian. Recent case involved a court appointed lawyer as guardian who stole over $600,000 from the so-called "ward".

Lawyer is now in jail, but Miss Money Bags is now MINUS $600K.

HuskyMan · #24 02-14-2019, 05:17 PM

And here 'ya go....

https://www.americantowns.com/news/disbarred-oklahoma-attorney-sentenced-to-prison-after-admitting-to-stealing-nearly-600000-from-a-client-30334179-oklahoma-city-ok.html

https://www.kjrh.com/news/local-news/disbarred-tulsa-attorney-heads-to-federal-prison-for-stealing-half-million-from-client

Botnst · #25 03-08-2019, 09:39 PM

Quote:

Originally Posted by Mxfrank

The best bet is to do it with an attorney. For a number of reasons.

1) Your state may not allow a will prepared by a non-attorney to be notarized or officially witnessed (NY doesn't, in fact, it's a misdemeanor). This is because many people who prepare their own wills would regret the results if they could live to see them.

2) You'll need someplace to store the will, the lawyer's office is the best place. A safe deposit box is the worst possible place, since it may be sealed on the death until a court appointed executor opens it. Which would make your will inaccessible, which means your chosen executor may not end up actually being your executor.

3) There may be more complications in your situation than you think.

4) Software is often outdated or flat out wrong, and you don't want a mistake here. You may think a will is a simple thing, but spare your heirs surprises.

5) If you think you need a trust, you really need an attorney. Any fool can set up a trust, as long as outcomes don't matter.

6) The lawyer can attest to your state of mind.

The downside, a lawyer will likely charge a hefty fee.

OTH, review your assets. Most people will end up with almost all of their assets either in retirement accounts, insurance, or real estate. The first two won't be subject to probate if the beneficiaries are set up properly. Be sure to name contingent beneficiaries as well as primaries. The last can be set up with a trust, or simply by gifting ownership now. If you're going to leave real estate to a charity, the charity can likely do the heavy lifting of preparing the trust docs, you would only need to get a lawyer to review. Check with your state and see what the dollar limit is for a simple estate, which can be settled without full probate. The number will seem low, I think it's around $18K in NY, but again, most people's net worth is in the buckets I described and will have only a little free cash and personal property. If you have more cash than would qualify, a Totten trust (bank account with the title "yourname, in trust for soandso" may suffice, depending on state law.

This is the absolutely best advice you’ll get off the Internet.

About 20 years ago I went through what you (David) are doing, but with my Mom and her estate. The law practice focused on family law, trusts and minerals. The particular partner specialized in wills. Initial visit was essentially exploratory and he gave Mom a descriptive list of things to think about and a list of things he needed for the next meeting. Etc. very interactive and thought provoking. It helpedMom focus on what she really wanted.

My Mom is now 101 years old and has some memory issues and physical limitations. Thanks to the attorney’s guidance we got her in a good financial place and she is content. I have her durable power of attorney and co-executor, with a sibling, of her estate. Mom knows it’s all settled and she is secure. It gives her great peace of mind.

David, a good family lawyer will give you the best peace of mind concerning your estate that you can hope for in this physical realm.

cornemuse · #26 03-09-2019, 12:44 PM

I have one property, & everything on it. (where I live.) (oh, and some $ in the bank)

I have a bunch of annuities set up as TOD's to my 2 kids (½ & ½).

Only thing anyone can contest is the property. This issue is covered in the trust.

The lawyer knows about the annuities, but they are out of his hands.

The trust/will was inexpensive. No cost for the annuities.

t walgamuth · #27 03-10-2019, 01:04 PM

Most of my stuff is real estate or cars. Limited cash. Hard to tell how it will play out but I suppose unless I (we) die suddenly the stuff will be mostly sold off before we go. We have a will but probably we need to look at it.

I'll use a lawyer for sure.

HuskyMan · #28 03-10-2019, 04:33 PM

Quote:

Originally Posted by t walgamuth

Most of my stuff is real estate or cars. Limited cash. Hard to tell how it will play out but I suppose unless I (we) die suddenly the stuff will be mostly sold off before we go. We have a will but probably we need to look at it.

I'll use a lawyer for sure.

I've learned that each and every family presents its own unique sets of issues/problems when it comes to wills and estates.

As for myself, I have bought and continue to buy as many books on wills and trusts as I can. This vast array of knowledge has given me a better overall understanding of how they work.

The idea is to know MORE about the subject than your lawyer does.....

t walgamuth · #29 03-10-2019, 05:56 PM

Well, good idea.

My basic philosophy with five children and 14 grandchildren is upon the death of me and the mrs. everything will be sold at auction. If the kids want any of it they can buy it with their share of the final return from the sales. Whatever does not sell can be hauled to the dump.

Heh heh!

INSIDIOUS · #30 03-10-2019, 06:13 PM

Now there is an estate auction I want to attend. send me an invitation after you pass !! and on a completely unrelated matter, where is the nearest dump to you?