Archive for the ‘Codicil’ Category
A Living Will , a Family Will or both?_ _ _
Yes_ _ _ it is preferable to be well organized enough to arrange a Living Will, AND a Family Will.
They are two seperate documents to have performed different functions for a family.
A Living Will imparts the important instructions for family and friends for aging and possibly infirm parents BEFORE DEATH happens.
A Living Will ceases upon the death, and then the Family Will comes into affect with the vital instructions to remaining family members after death. The reading of the Family Will after death can sometimes take up to one year after the death.
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“Where There’s a Will_ _ there’s a relative “_ _
posted by bruceE @ 12:20 PM
Monday, October 19, 2009
Wills
so says the late Ann Landers in her daily column back in 1975.
Ann Landers had received a letter signed “Will Aware” from a lady who had just gone thru a terrible experience with her close friend because of a properly drawn Will that was declared invalid.
This lady had been named the sole legal heir to her friends estate, but lost out in a lengthy court battle to other relatives, who heretofore had never cared for her friend for years. Those relatives contested the Will and ended up with everything, because the court ruled that although the lady had an attorney draw up a proper legal Will, she kept making hand written additions to the Will that ended up voiding the Will !.
” Will Aware” signed off her letter saying to Ann Landers, “To bad they don’t teach these things in schools. “ “ But your Ann Landers column is the next best place to learn. ”
In her reply, Ann Landers said “ Everyone should be aware of the importance of naming an executor and co-executor.” “When naming an executor, he or she should be younger and chosen with great care. “ Adding “ the way to make certain your money and your possessions will go where you want them to go, is to draw up a Will with the assistance of a lawyer, but be aware that changes made at a later date must be witnessed in accordance with the laws of your state/prov. ” “ Without the signatures of witnesses, the changes will not be considered valid. “
Eliminate that Horrible Feeling that there is something you have forgot to do ?
posted by bruceE @ 8:19 AM
Saturday, October 17, 2009
How do we go about accumalating the required material to prepare our Will. ? Marriage license, dinorce papers, stock and bond records, birth certificates for parents and children, names and addresses of next of kin, mortgage records, our selection of who we will choose as our Executor/Executrix, and the list seems endless _ _ _ ?
Easy _ _ _ ? Follow a simple plan, ( like an airline pilot who files a flight plan before any flight he takes ), to secure and find all the material you will no doubt want. You could call it your flight plan to your Will preparation.
Like thousands of airline pilots daily, they set out a flight plan for their flight before they take off, and once airborne, they easily follow it to get to their destination thru rain, snow, clouds, and darkness to arrive at their destination safely.
There are such plans for action to completing your Will in the comfort of your own home available to you now, and Free of charge as well.! Go On-Line to such Internet headings as “writing your own Will”, or writing a legal Will”, or “register the location of your Will”, or “worldregistryofwills”, and download the Take Control of your Future ideas, and you have everything you will need to set up your material for the lawyer, notary, or financial planner you will need to select, to finalize your legal Will.
Money cannot buy the peace of mind that comes after that vitally important family document has been completed. Especially if there are children involved.
In this world of high-speed cyber-space living, there is nothing more constant than change!. Thusly, it behooves families to remind themselves to review their Wills at least every two years, or certainly when their family situations change, i.e. more children,
Too many of the world’s population live as if death were optional ! IT isn’t ?
Here are some key points and the importance of having a Will written as part of the family’s future plan. The alarming reminder here, is that everyone’s future starts tomorrow. ?
A. Life has a way of interupting our best made plans ! We can;t live without the reality that at some point in our lives we will have to deal with a serious and fatal illness or accident in our families.
Families that are well prepared will already have left written instructions by way of a Will or Living Will declaring how, and what will be done with their accumalated assets and arranging guardianship if there are children.
B. Taking action by planning for future health care can sometimes resolve the following:
* It helps ensure your desires about your personal health care are known and respected:
* It prevents unnecessary, intrusive, and sometimes costly medical treatment at the point in your life when you no longer want it :
*It gives authority to the person you may have selected to speak for you :
* It eliminates the anxiety and tremendous worry of loved ones caring for you because they have your guidance to follow. It is a very agonizing experience to have to make a serious medical decision on a loved one’s behalf:
* Planning for the action that must be taken to minimize the grief that accompanies any untimely illness and possible passing, is Not On The Radar of most world residents. IT JUST ISN’T DONE. It is of enormous importance for all adults ! ( Not just for OLD people as far too many believe ?)
* In that regard, most younger people should re-examine their belief that this type of planning is just for seniors when in actual fact they may have MORE at stake. Because, if struck by a serious illness or accident, the consequences of any medical decision can have devastating results that can last for decades ! They have yet to address how they want their futures handled unfortunately ?
Today _ _ _ as you think about your tomorrow’s and the future’s of your family , it is hard to imagine that you would not want to address this ” PLANNING FOR YOUR WILL “ agenda without further delay.
Don’t abandon your loved one’s because of no planning. You might not get another chance tomorrow !
As a Snowbird for 15 years to sourthern California 1990-2005, we saw first hand the importance of having a family Will in place,or no Will at all, when in another country.
In the eleven-hundred resident Seniors Mobile Home Park we wintered in, there were also several other Canadian and U,S.A.Snowbirds.
During our winter seasons there, more than 35 residents either died in the U.S.A. or Mexico, and many others had to be air-lifted home for severe health treatments. Most had family members spread throughout North America and the World, and it was determined later many had left a legacy of unorganized chaos for some families to clear up estate problems.
Don’t Gamble_ _ _ when you are out of your home country, without having a Will left at home. The consequences can sometime be to severe.
Even a hurry-up-temporary hand written letter of instructions to family members is better than no proper Will if you do not have time to get to your personal lawyer, notary or financial planner before you leave.
But_ _ _ above all_ _ _be sure to tell your family/friends WHERE your Letter/Will will be kept so it can be readily located if needed. If it can;t be found, your instructions cannot be carried out as you wished, and the Courts may take over to make decisions about your estate and possible guardians for your children.
This Gamble is too risky!
Life has a way of interupting our best plans, and life changing decisions may happen anytime!
On life”s journey if you come down with a serious illness, or accidently injured causing near death, would you have left a set of instructions written out for the protection of your family?
It is very unlikely that you will want complete Government Strangers deciding what to do with your accumalated assets, and deciding who will be Guardians for your children.
Without written instructions, or at least a hand written Will, the law in your jurisdiction and the probate court will make any final decisions about your assets and your children!
TAKE THE TIME TO WRITE OUT EXPLICIT GUIDANCE TO PROTECT TO PROTECT YOUR MOST PRECIOUS ASSETS TODAY
Congratulations will be in order for this greatest gift
posted by bruceE @ 9:42 AM
Monday, October 5, 2009
You will be congratulated, and justifiably proud of yourself if, and when, you take the vitally important steps to get your Will drafted and to register the location of where it will be kept so it can easily be located when needed.
Your loved ones will be saved much added grief, anxiety and legal costs of searching around to see if you left a Will, and where it was located when you are not here to guide them.
Leaving a Will with explicit guidance for your family is the most precious gift you can give them.
It ultimately will become the greatest gift you could give yourself.
Requires Five Things—
1. A committment today to sit down with your spouse/partner to discuss what you have to do:
2. To openly discuss the range of necessary topics you will want to incorporate in your plan>
3 Then, to record your thoughts in writing. Don’t be alarmed that you may have to re-visit and alter or change them more than once. That is normal.
4. Then decide which professional you may want to finalize your plan with. Lawyer, Notary, Financial Planner, Trust Company or Credit Union Officer.
5. Set up a meeting asap with your selected professional to then draft the legal document.
TO AVOID !.
Using blank stationary forms or unauthorized Internet Forms when completing your final information for your Will.
Because of the ever-changing legal and taxation laws in the various states/prov./countries, it is recommended that individuals only use the most experienced minds available in your final process.
Court Will Rule on Hughes’ “lost will “. ( San Fransisco)
Did Howard R, Hughes sign a will in 1938 ? Was it lost ?. Do attorneys for his Summa Corp. have an un-signed copy supported by evidence that could be accepted to show this as Hughes’ final wishes? The Location of where a living will registry was never kept.
These are among questions asked as the “lost will ” of 1938 supplants the somewhat tarnished “ Mormon Will “ as the anvil on which court decisions are to be pounded out in the struggle for control of the Hughes estate.
The ” Mormon Will “ has fallen under suspicion since the Nevada attorney-general, Robert List, announced that he had started a criminal investigation of its origins because a thumb print of Melvin Dummar, a beneficiary, was found on the envelope containing the Will.
The “lost will “ was only hinted at in court proceedings initiated by relatives and lawyers of Hughes last spring, soon after his seath April 5th, aboard an ambulance plane.
A Los Angeles County official has asserted to the probate court there that he believes the Will exists and has urged the court to require that it be produced. A motion to produce the Will is expected to be resisted by lawyers for Summa , the holding company through which Hughes owned almost everything he had.
What is known about the lost will was summed up in a petition filed in Los Angeles probate court on Dec. 22, by Gordon Treharne, a deputy county counsel. His petition attacked the appointment by the probate court of Richard C. Gano Jr. of Anaheim, Calif., a Hughes cousin as temporary administrator of the Hughes interests in this state instead of the Los Angeles public administrator.
“The Will of Howard R Hughes exists and the special administrator ( Gano ) has constructive possession of it “, Treharne said in his petition. “ The Will and a codicil to the Will are in the actual possession of officials of Summa Corp. The particular persons who probably have actual possession of the Will and Codicil are Ghester C. Davis (Summa’s chief counsel) and Howard M. Jaffee ”
Treharne asked that the probate court order Gano to produce “ said Will and Codicil” to,testify on the results of a search for a Hughes Will and to testify as to “all knowledge he has concerning any Will, proposed or purported or signed or unsigned, bu Howard R. Hughes”.
. “ No reports concerning the search for a Will of Howard Hughes have been made by any of the special or temporary administrators appointed in California, Texas, or Nevada “ Treharne noted to Lake.