with me and my sister wen he passes. How do i go about this and roughly how much time and cost would it take? He has parkinson's disease and is sometimes not with it, but knows what he is doing and what he wants without being forced into it. Many thanks
2006-11-04 02:05:46 · 12 answers · asked by miss_power86 2 in Politics & Government ➔ Law & Ethics
there is only me and my sister in our family or i would have stated my family! i would just like to know how to go about it not a lecture.
2006-11-04 02:14:50 · update #1
you need to speak to a Solicter really they have the legal rights to organise this for you...no one else would as it would need to be legally proven though will..which solicter will organise
2006-11-04 02:08:42 · answer #1 · answered by helz bellz 2 · 0⤊ 1⤋
Making a will is not a difficult thing to do. The easiest way is to contact a local attorney and let him/her organize it for you. The consultation, preparation and execution of the document should be less than $500. You also can go to a local legal bookstore and buy a self-help book about wills for your state. Nolo Press from Berkeley has some very good publications. Third choice is to go online and download free templates to use as formats to create your own will.
Basically, you need to know how much property is involved and itemize each piece and what is to be done with it. The will needs to be witnessed by two witnesses who can testify that your uncle was in his right mind and knew what he was doing. These can be good neighbors or friends.
Last, if your uncle has real estate, then he should look into doing a trust and not just a will. The will is a one way ticket to probate court unless the estate is small. The trust circumvents probate because it allows the trustee of the trust to administer the terms of the trust according to contract law instead of property law. You will probably need a lawyer to help you with this.
2006-11-04 02:59:06 · answer #2 · answered by rac 7 · 0⤊ 1⤋
Better go to a solicitor and get it done there. It will cost about £`100. You could also buy a Will from Smiths but if you dont do it correctly then you are in a big mess with the Probate afterwards. Its not worth the hassle because if it isnt done correctly the Registrar can refuse probate. You must also have two independent witnesses for the signatures...I think of people who are not beneficiaries. Some solicitors will come to the house and do the Will for you and some Barclay Banks (not all) also have a Will service. Good luck!! It took me 8 months to find out what estate my brother had and I posted the forms only this morning!!!!! It was so complicated that it was unbelievable!!
2006-11-04 02:13:28 · answer #3 · answered by Anonymous · 0⤊ 1⤋
It really is a good idea to make the will through a solicitor, as sometimes there are all kinds of implications which you would never have thought about. Even lawyers do this! If you go to a solicitor and he or she is satisfied that your uncle is quite capable of making a will, then that will avoid any issue as to whether or not anyone exerted undue influence over him. He might not want to distribute his property evenly between the two of you and you don't want any arguments later on. Choose a solicitor who specialises in probate. Solicitors charge by the hour, so it is not possible to estimate the cost, but if it is as straightfoward as you make it sound, it should not occupy too much of the solicitor's time.
2006-11-04 02:35:47 · answer #4 · answered by Doethineb 7 · 1⤊ 0⤋
Well, get it out of your mind that "my uncle AND I want..." I'm sure you have other family, and if and when they see that you have "helped" him draft or change a will, they will challenge the will for undue influence.
The best thing I can say is have your UNCLE go to an attorney, HIMSELF, ALONE. He can express his wishes to the attorney, and the attorney can draft the document. If your uncle's estate is not complicated, then it won't cost very much. And without your presence orcommunication with the attorney, it will be much less likely that anyone will accuse you of undue influence.
(P.S. DON'T Sign the will as one of the witnesses, either.)
2006-11-04 02:09:16 · answer #5 · answered by Perdendosi 7 · 1⤊ 0⤋
you can go to any office supply store and buy a will kit. all the paperwork is there, all you have to do is answer the questions and have witnesses sign it. your best bet is to get a lawyer, but they cost money, so this would be the next best thing. you could even call a lawyer who deals with wills and probate, most lawyers will give a free consult over the phone, but dont wait, do it now, if he has other family, ie, (wife, children) and no will when he passes, his estate will go to probate and that can be a very long drawn out process.
2006-11-04 02:19:41 · answer #6 · answered by nikki 1 · 0⤊ 1⤋
MS WORD has the forms in its program. Just pull it up, fill out the needed information, print it out (at least two copies), have your uncle sign it and dated in front of at least two witnesses (who must also sign and date) or a notary. All done. Or you could pay an attorney a couple of hundred dollars to do the same thing. OR, you could video record your uncle stating the terms of his will. Legal in most states.
2006-11-04 02:32:27 · answer #7 · answered by Spirit Walker 5 · 0⤊ 1⤋
Saw an advert on a bill board yesterday saying wills drawn up
£29.99 at a solicitors.
Don't know if this helps.
UK
2006-11-04 02:17:49 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Citizens Advice have solicators they will arrange a meeting for you & there a fair price.
2006-11-10 02:04:50 · answer #9 · answered by Ollie 7 · 0⤊ 0⤋
We need to know what country you are in.
2006-11-04 02:14:12 · answer #10 · answered by Anonymous · 2⤊ 0⤋