- Elder and Abuse
- Name Change
If you come to me with a request for a will, I will first ask you to sit with me so I can explain how to avoid using the will.
That's right! I want to help you understand how to transfer your estate to someone outside of probate. By doing that, you will save a lot of money. Mind you, I won't be making that money.
Most of your property can be transferred outside of probate court. Even the simplest estates can arrange most of what they own so that it flows to who they wish it to go to without the court or any other outside entity getting involved.
NO! You need a will! Even if all your property has been distributed, you need a will.
If a person negligently causes your death, your estate may sue that person for wrongful death. Any award must be sought out, taken and then disbursed. Your will allows that to happen in the way you want it to happen.
The second problem many people overlook is that they might overlook something. A very typical event happens when a person buys stock and fails to name a beneficiary. Overlooking that can cause those you leave behind a great deal of work and might cost your estate quite a bit of money.
I need you to come in for a short meeting in my office. We will talk about what I will be providing you. We will talk about your estate and then how to arrange that estate to avoid the cost of probate.
I will then do a will, living will and health care power of attorney. The will looks after your estate and how you want it disbursed. The health care power of attorney names a person you select to make decisions for you when you no longer can make those decisions. The living will describes your wishes should you be subject to being kept alive via extraordinary means.
If needed, I will also prepare a transfer on death affidavit that will cause your real property to transfer to the person or persons you wish after you are gone.
We meet again. If you wish to execute and put into effect the living will and health care power of attorney, we will do that in my office. You sign them and I notarize each.
As to your will, I will give that to you to read and sign before two witnesses of your choosing. I do not provide those as allowing you to use your witnesses on your time shows that the your signature on the will was not due any influence I had at the time.