If I just wrote something down on a piece of paper and mail it to myself is that good enough. Are there any templates. I own a house and want everything to go to my wife. The surgery btw is very minor.
2007-04-13 05:10:39 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You are confusing "Living will" with a "last will and testament". A living will is where you express your wishes about what should be done if you fall into a vegetative state. Would you want to be kept on life support, or would you want no herioc measures.
For your will that would cover your possessions, if you just write something down and sign it, even if you mail it to yourself, it would not have any legal standing at all. It needs to be in a specific format, depending upon your state.
It might be too late to write a will, but you could possibly get it done. You could either hire a lawyer and pay them to rush one together, or you could look for software that could help you create a will. The software would tell you what would need to be done in your state to make the will legal. Some states require a certain number of witnesses, and also for the will to be notarized.
If you die with a will, the state will follow the laws of intestate succession to figure out who gets your stuff. Do you have any children? If not, everything would probably go to your wife if you have no will. If you have children, the stuff would probably be split between the children and your wife.
Is your house already in your name and your wife's name as joint tenants with rights of survivorship? If so, when you die, she gets the house even if you don't have a will.
Most likely, any retirement funds or insurance policies already have beneficiaries' names on them. Those monies will go to the named beneficiaries no matter what your will says. If there are no named beneficiaries, the money would be given out following the laws for intestate deaths.
BTW, intestate means someone died and doesn't have a will to tell how their estate should be divided. The rules are different for every state.
Hopefully you won't die during your surgery, so you'll be able to call an attorney next week and get a good legal will created.
Good luck with the operation!
2007-04-13 05:34:32 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
I had minor surgery and thought the very same thing. I was paranoid so I just wrote what I wanted down, put it in a sealed envelope and gave it to my mom. I told her not to open it unless something happens to me. I was fine, so she gave it back and I put it away.
2007-04-13 12:15:04 · answer #2 · answered by fmxkrazyone 6 · 0⤊ 0⤋
I hope it all goes well for you. In the unlikely event of your not surviving the operation, your wife as next of kin can take out letters of administration for dealing with your estate and would inherit everything anyway. But when you've recovered from the op, perhaps you should seriously think about making a proper will!
2007-04-13 12:20:52 · answer #3 · answered by Doethineb 7 · 0⤊ 1⤋
In the Pennsylvania, all of the hospitals and doctors offices seem to have blank living wills, and they encourage you to sign one. However, medical staff are not permitted to witness them.
Here is a link to the Commonwealth of Pennsylvania's website on "Living Wills": http://www.aging.state.pa.us/aging/cwp/view.asp?a=289&q=176298
Here is a sample of the Statutory Living Will form for Pennsylvania: http://www.aging.state.pa.us/aging/lib/aging/Sample_Forms_for_Advance_Directives.pdf
2007-04-13 12:31:16 · answer #4 · answered by Mark 7 · 0⤊ 0⤋
Go to: www.legalzoom.com they have templates!! Good luck on your surgery.
2007-04-13 12:18:02 · answer #5 · answered by elaeblue 7 · 0⤊ 0⤋
If you die, and have no will....everything will go to her anyways.....technically its alredy half hers.....
2007-04-13 12:15:16 · answer #6 · answered by yetti 5 · 1⤊ 1⤋