Don’t have a will, yet? Then you’re an idiot.

[Dueller]

Originally Posted by Joeaksa

My living will even states that if a cute nurse comes in with a short skirt and a margarita, and I do not move or get a woodie, that I am brain dead and to pull the plug. Seriously... if I do not move for that I do not want/need to be alive!

Let's hope you weren't just napping when she came into the rooml

[scottmandue]

I don't have any will... power...

But seriously, if I just have a house and want to leave everything to Mrs Scottmandue.

All I have to do is hand write that on a piece of paper sign and date it... is it that simple?

Only reason I haven't done it is because whatever I do is legal and binding.

[imcarthur]

Maybe Jim can advise on CA law . . . but in Canada, a hand-written will, signed & dated is perfectly legal. Name your spouse as your executor & as the sole beneficiary & you are done.

Ian

btw: This is advice from my lawyer 6 months ago.

[Joeaksa]

Originally Posted by scottmandue

I don't have any will... power...

But seriously, if I just have a house and want to leave everything to Mrs Scottmandue.

All I have to do is hand write that on a piece of paper sign and date it... is it that simple?

Only reason I haven't done it is because whatever I do is legal and binding.

EXCUSE ME???? You are a lawyer. Isnt this something that you should know about?

[Hugh R]

I thought if you were married, you didn't need a will to leave your stuff to your spouse.

[imcarthur]

Again I would defer to Jim . . . but death without a will is called intestate. While the surviving spouse can access joint accounts, the estate would still have to go through probate. This requires a court appointed executor - typically the spouse. Time & money wasted.

Ian

[McLovin]

Most property held by spouses is held jointly with right of survivorship, so no will or probate or is necessary for it to pass from the dead spouse to the surviving spouse.

If property is held by one spouse alone, and that spouse dies, having a will has no real affect (assuming the dead spouse wanted it to pass to the surviving spouse). The property is going to pass to the surviving spouse intestate. It is going to have to go through probate, whether there's a will or not in that case.

[scottmandue]

Originally Posted by Joeaksa

EXCUSE ME???? You are a lawyer. Isnt this something that you should know about?

YOU TAKE THAT BACK!!!

Sorry Joe you ar a little confused.

Dueller is the lawyer, I'm a tech-geek that works at a Museum...

I ask about a will because I have heard different things... some people say a simple hand written one is better than say a form you fill out on the computer or Internet then print out.

[Dueller]

Originally Posted by Hugh R

I thought if you were married, you didn't need a will to leave your stuff to your spouse.

Depends on the jurisdiction (state). In my state if you die without a will, your estate passes in equal shares to your wife and children. In other states, it passes 1/2 to wife and other half split between children. Fact and state specific. And it really gets convuluted when you have proeprty in multiple states.

If you die intestate (eithout a will as imac points out), state law controls. General pecking order is wife/children, grandchildren, parents, siblings, aunts/uncles, cousins yadadadada on down the line.

[Dueller]

Originally Posted by imcarthur

Maybe Jim can advise on CA law . . . but in Canada, a hand-written will, signed & dated is perfectly legal. Name your spouse as your executor & as the sole beneficiary & you are done.

Ian

btw: This is advice from my lawyer 6 months ago.

CALIFORNIA DOES RECOGNIZE HOLOGRAHIC WILLS (HAND WRITTEN)...per the Cali Bar website:

Are There Various Kinds of Wills?

Yes. In California, you can make a will in one of three ways:

A handwritten or holographic will. This will must be completely in your own handwriting. You must date and sign the will. Your handwriting has to be legible, and the will must clearly state what you are leaving and to whom. A handwritten will does not have to be notarized or witnessed. However, any typed material in a handwritten will may invalidate the will. (A typed will must be signed by two witnesses.) It is a good idea to consult with a qualified lawyer to make sure your will conforms with California law and does not have any unintended consequences.
A statutory will. California law provides for a "fill-in-the-blanks" will form. (This form can be printed out from the State Bar Web site. Simply go to The State Bar of California and click on Public Services and Making a Simple Will.) This will form is designed for people with relatively small estates. If there is anything you do not understand or if you are making any provisions that are complicated or unusual, you should ask a qualified lawyer to advise you.
A will prepared by a lawyer. A qualified estate planning lawyer can make sure that your will conforms with California law. The lawyer can make suggestions and help you understand the many ways that assets can be transferred to or for the benefit of your beneficiaries. A lawyer can also help you develop a complete estate plan and offer alternative plans that may save taxes. This kind of planning can be extremely helpful and economical in the long run. Your lawyer will either personally supervise the signing of your will or will give you detailed instructions on the rules for its execution by you and two witnesses (who are not beneficiaries of your estate).
No matter what kind of will you use, the will should be solely yours and not a joint will with your spouse, registered domestic partner or anyone else.

Also, keep in mind that your will is not a living will. The term living will is used in many states to describe a legal document that states you do not want life-sustaining treatment if you become terminally ill or permanently unconscious. In California, advance health care directives and durable powers of attorney for health care decisions are used for that same purpose (see #10).

[Dueller]

Originally Posted by Shadetree930

Oh my!

You need to get yourself to a lawyer Hugh.

Most couples with any appreciable asserts should have 4 documents up to date at all times.

1. Last Will and Testament (with or without personal property memorandum)
2. Durable Power of Attorney
3. Health Care Power of Attorney
4. Declaration of a Desire for Natural Death (Living Will)

LOL...I agree!!!

Hugh there's a link in the cut and paste I posted from the Ca Bar. Here's the link that answers most questions. Do I need a Will

So why do you need a lawyer? Well, for example if you leave everything to your children and exclude your wife, in my state such a scenario allows the wife to challenge the will and get atleast a child's share. The inverse is not true (children can't contest a will leaving everything to mom). Quirks in all state laws.

Perhaps the best reason to see a lawyer is so that they can structure you and spouses affais so that an estate will not have to be opened by making sure all your accounts are jointly held in such a way that full ownership transfers to the surviving spouse without the necessity of probate. You can pay a lawyer a little now or a lot later

EDIT: I just noticed a little blurb in CA law that suggests to me that with no will only community property passes directly to wife, with your residuary separate property being divided between spouse and children. Might make for an interesting wake.

[scottmandue]

Thanks Duelly & shadetree, CA will form downloaded and printed out... PPOT never ceases to amaze...

Now wifey can proceed to kill me with rich foods and exorbitant amounts of sex.

[Hugh R]

Read post #2, I have a trust. I also have most of the stuff listed above in a case that I keep elsewhere, and my wife, brother and sister, and kids know where it is located.