My father who is still young, but will be old very soon, rejects to write up a will. He says that all of his belongings will be mine. I disagree because I overheard that the government can take everything away without a will. Is a will an actual legal document that is needed, or just a derivation of a contract? Also, is it explicit that it is an important and mandatory form that must be completed?
2006-09-05 14:41:56 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It's not Required, but if something should suddenly happen, and You kick... the state could come in and take what they want.
2006-09-05 14:45:07 · answer #1 · answered by M L 5 · 2⤊ 0⤋
Your father doesn't want to think about his growing older and possible death, but he is being irresponsible to you and any other children he has or his wife for not writing out a document. He doesn't have to have it notarized by a lawyer, as long as it is witnessed by two non heirs or beneficiaries and two copies are made and put in a safety deposit box or safe, somewhere where they can't get lost.
Without a will the family finances will frozen or held in probate until the government and other creditors get their take.
Even with a will there will be family discord over who gets what, what the funeral will look like, how much it'll cost etc.
If your father is prepared financially otherwise it's just stupid that he won't prepare where his assets should be divided.
After the Terri Schiavo case I think people also need to discuss living wills , what medical measure they will or won't have as well, whether there is a dnr or not.
2006-09-05 14:57:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In simple terms, a will or living trust just makes life easier for you when your father passes away. You will be the survivor. If he makes a will and put the thoughts that he already has in writing, it makes the process more 'streamlined' when he dies. Without the will (his written instructions) the question of his estate and how it is to be portioned out, has to go through (probate) court and this can be an expensive process in itself - money that you could use and don't need to waste on red tape.
You really should convince him of the benefits and disadvantages (to you) of a will or living trust. Even if 'you' had to pay for the attorney to do it, it would still be a worthy investment than having to go through all the court hassle later on.
The will doesn't benefit your father. He won't be here. You're the one that will suffer the disadvantage of not having one to refer to.
If you can't make sense to him, maybe you know of someone else that he is close to that can chat with him about it at the right moment.
2006-09-05 15:21:36 · answer #3 · answered by nothing 6 · 0⤊ 0⤋
A will is not required, but having one will ensure that your father's money, investments, real estate and personal property go to the person or persons he wants to have them. If there is no will, challenges as to who gets what can occur - even among the closest of familes.
There are a number of web sites and books that give information about wills. You may need to consult with an attorney, but that isn't absolutely necessary. Most states recognize a handwritten (holograph) will. If it is typed out, it usually requires witnesses. People who may inherit something from the will should not normally be a witness. You need to check your state law to ascertain how many witnesses are required and if the will should be notorized. A handwritten will does not, in most cases, need to be notorized. A will could be very simple. You father should designate who will be the Executor of the will (the person who will carry out his wished. He should designate an alternate in case the first person can't or is unable to perform those duties. Keep the wishes simple.
For example, I want my son, Joseph John Smith, my son, to have my place of residence located at 1234 West 5th Street, Chicago, Illinois. In this case you have designated who (complete name and relationship) what - the residence with a legal description of its location. If your father wants to give something special to a particular person, he could state, for example, .... I want my stained glass picture of the red flower vase to go to my niese, Sally Sue Smith. Or he can state things in a collective manner ......... I want all my household furniture to be donated to the Salvation Army.
It is easy to do and doesn't take too much time to complete. It can be updated anytime there are significant changes. Good luck.
2006-09-05 15:12:18 · answer #4 · answered by Coach D. 4 · 0⤊ 0⤋
Why! yes you will need a will from your father to a sure you that all of his belonging belongs to you and besides your father should want to do this the right way so that no one can take anything from you after he's gone Tell your father to get a grip and take out a few minitues and do something that he'll feel good about in life and death!
2006-09-05 14:51:11 · answer #5 · answered by sexxyree 1 · 1⤊ 0⤋
He is correct. Unless there are other heirs it will go to you as next of kin.
The government only takes a big piece of the estate is over $1M in value.
If that is the case then you'd be better off with an irrevocable trust than a will anyway to avoid probate.
2006-09-05 15:05:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Young--but will be old very soon? What do you mean by that?
A will--very important. Get a book from the library near you. Leave it on his table at home. A will does not need to be notorized. Just witnessed. It can be on a napkin. It can be simple. Bring several neighbors over and have a pepsi with them...Have DAD write it up in his handwriting...say it all goes to you...Dad signs it (and dates it--stating that all wills preceding it are null and void), Neighbors sign it. They do not have to read it, just to verify that it is his signature.
Good Luck
Check with your local town hall to verify in your state. But I described a holographic will in his own handwriting
2006-09-05 14:54:10 · answer #7 · answered by Weatherman 2 · 0⤊ 0⤋
A will is a vital instrument or the state will open probate hearings if your father dies intestate (without a will).
A will must also be properly deposited with the proper authorities. Crooked attorneys or relatives could usurp the valid will with one of their own choosing. Trusted people are needed during this process.
2006-09-05 14:44:23 · answer #8 · answered by Anonymous · 3⤊ 0⤋
It generally depends on the state you're in, but if you are the only child and your father is unmarried, it is likely you will receive his estate if he dies without a will UNLESS he owes back taxes to the government.
If your dad refuses to go to an attorney, he could write up a holographic will, which is handwritten by him (and, of course, signed by him) and CLEARLY EXPRESSES his intent to leave all his belongings to you -- without a clear statement of intent, holographic wills cannot pass legal muster.
2006-09-05 14:48:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I don't know the answer but I can say that I am 28 years old and have never thought about a Will because as far as I am concerned when I die everyone will fight over what I have to leave anyhow so why get one done.
2006-09-05 15:08:12 · answer #10 · answered by Anonymous · 0⤊ 0⤋
It varies from state to state. In some states,if he dies without a will,(intestate) after his debts are paid, the remainder goes to his wife. If he has no wife, the remainder is divided equally among his children. I'm not an attorney. Ask one, or look on the internet under www.dying intestate.com
2006-09-05 14:54:50 · answer #11 · answered by ? 6 · 0⤊ 0⤋