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A Hidden Danger of DIY Wills

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160804_estate_plan_300August 4, 2016.  I was recently reminded of a hidden danger when a person downloads a will form or obtains an “internet vendor” prepared will, and prints the document for it to be executed as that person’s final Last Will and Testament.

I have often mentioned the advisability of a person seeking legal advice, have given some pointers on finding an able and affordable attorney, and have mentioned the pitfalls of choosing the wrong attorney.  There are pitfalls in the Do It Yourself arena also, and I was reminded of one recently.

When a person prints out his or her own will, and is not exceedingly familiar with how it should look, or what it should contain, the simple process of printing improperly may create a situation where the document is potentially worthless – not because it is not worded properly, but because of something else.

In the case to which I refer, a person did his or her own will and, I presume, it was done properly; however, in the process of printing, something was left out – and it was obvious.  At this point, the person is deceased, so we will never know the cause.  It could have been (1) the form was wrong; (2) the document was transmitted improperly; (3) the printer was not calibrated properly; (4) the proper page size was not set; (5) the person signing dropped a page or thought it unnecessary; or (6) part was lost.  Whatever the cause, the document probably does not meet the requirements of law to be considered a valid last will and testament.

What is missing?  Two little signature lines at the bottom of a page.

The decedent in this case probably did not know the difference.  Presumably, an attorney would have spotted the problem.

Such are the dangers of preparing ones own documents, or even just printing them, for signatures.

What is a “Trust?”

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June 20, 2016.  I am about to expand the information offerings beyond the brochure publications (which are available here at the Probate Court and online) to multimedia presentations in various forms.  The first one will be on “trusts.”

So many people have questions about “trusts.”  What are they?  How do they work? What are they for? Do I need one?  Watch this site for this coming multimedia presentation.  It will be followed by others which should present subject matter areas in a way which is convenient to absorb.  None will be lengthy.  Stay tuned.

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Keep That Original Will!

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I sure hope he left a note where his will is!

I sure hope he left a note where his will is!

September 28, 2015.  The last few days have presented several cases in which the original last wills and testaments have been lost – or cannot be found after the maker’s death.  Please, please, please.  Do not let that happen with your original last will and testament.

After someone dies, It is necessary to file the original will with the Probate Court – not a copy, not a duplicate.  A person can have only one will.

If a person’s original last will and testament cannot be found after that person dies, then there is a presumption that the person revoked the will prior to his or her death.  That creates big problems.

Therefore, if you have taken the time to prepare your last will and testament, take the time to make sure the original is kept safe, is not lost, and that your loved ones know where to find it if something happens to you.

Your heirs, and your Probate Judge, will thank you!

In a separate post later, I’ll mention a handy way to make sure your will is safeguarded – by filing it with the Probate Court during your lifetime.  That is called filing the Last Will and Testament for “safekeeping.”  I’ll include a copy of the law in that post.

All Pop Had Was An Old Car

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car_300June 9, 2015.  Occasionally, a deceased person will leave minimal property.  Perhaps a small bank account – and a car.  And that’s about it.

I have already discussed the possibilities with regard to the small bank account.  You can read that post here.  What about the vehicle?

If certain conditions are met, one may be able to transfer the title to the vehicle without going through any procedure in Probate Court.  There is an official form which you can download from this site, valid as of the date of this post.  I will post the link shortly.

Note that this process requires an affidavit – a document under oath – which states many facts. The operative facts in the form are:

“…who at the time of his or her death was the owner of the motor vehicle described below, left no will; no application for the administration of the estate of the deceased is to be had; the estate is not indebted; and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate that the certificate of title for said vehicle be issued to the person named below.”  (Emphasis Supplied)  (I will have another post soon about what “heirs” are.)

I have underlined certain parts of the above language because all of those facts must be present.  Note also that a copy of any will not probated must be attached (see the bottom of the form.)  Other documents must be attached also.

Please note also that if a person leaves a will, but it is not going to be probated, it still must be filed with the Probate Court in the county of residence of the deceased.  A petition to probate the will is not required; however, the will must be filed.  Note also that a will does not have any effect whatsoever until it is probated, that is, admitted to probate by the Probate Judge after a proper petition to probate is filed.

Click Here for the Vehicle Title Affidavit