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Post by bartiks on Nov 29, 2020 23:37:22 GMT -5
My brother in law has been diagnosed with cancer, albeit the PET scan came back clear he still has to undergo 3 surgeries. Questions that I have are:
He designated my wife to be his power of attorney before he met his current wife. Since he is now married does the marriage super-cede the POA he ensured my wife with.
This also brought up something that most of us probably don't want to talk about but have to at one point in time or the other. A Will, they do not have much money and were wondering what an average will takes to get setup thru an attorney or if there is something on line that they can search print off and have notarized.
Aside from that is there anything else that anyone can think off in the event things do take a turn for the worse when he does have his surgeries.
Thanks guys.
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Post by onebentarrow on Nov 30, 2020 0:31:14 GMT -5
My brother in law has been diagnosed with cancer, albeit the PET scan came back clear he still has to undergo 3 surgeries. Questions that I have are: He designated my wife to be his power of attorney before he met his current wife. Since he is now married does the marriage super-cede the POA he ensured my wife with. This also brought up something that most of us probably don't want to talk about but have to at one point in time or the other. A Will, they do not have much money and were wondering what an average will takes to get setup thru an attorney or if there is something on line that they can search print off and have notarized. Aside from that is there anything else that anyone can think off in the event things do take a turn for the worse when he does have his surgeries. Thanks guys. It is my understanding that the power of attorney would still be your wife. It is a legal document stating such and the marriage or a divorce would not change it. The will cost can be all over the place for a couple of reasons. 1 it depends on what the attorney charges per hour 2 how complicated it is. By best advice is to call around and ask for a price related to the specifics requirements of what is needed in the will. I was quoted a will giving every thing to my better half with nothing else could be had for $500 but I was quoted by another it was $1500 for the same thing. You could look up the info on the net for your specific state and follow the process to make it a legal document and get by for less than a hundred bucks. I can not but some people can. Good luck. Onebentarrow |
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Post by bartiks on Nov 30, 2020 5:22:42 GMT -5
Thanks for the info bentarrow. I will pass it along to my boss.
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Post by span870 on Nov 30, 2020 5:24:52 GMT -5
A will doesn't need to be done by an attorney. You can download forms online and as long as they are notorized and witnessed they will hold up legal in court if any challenges arise.
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Post by beermaker on Nov 30, 2020 6:00:41 GMT -5
I believe Dave Ramsey endorses www.legalzoom.com for low-cost do it yourself wills. I don't know anything about this situation, but do them a favor and insist that they get all affairs in order and everything documented. One of my contractors died (cancer) recently and then his wife passed unexpectedly (heart attack) just a few weeks later. They did not have a will and now the children are fighting and trying to sort out a complete mess. |
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Post by genesis273 on Nov 30, 2020 6:48:29 GMT -5
My advice would be you guys to have a family meeting and ask him what he wants as far as POA. These things tend to be very messy otherwise. But, at least you'll have a clear view of his wishes today, rather than yesterday. Make sure he still wants his sister calling the shots and not his wife.
And legal zoom is a great option for wills.
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Post by Deleted on Nov 30, 2020 7:07:30 GMT -5
I 3rd legal zoom and do it yourself. Make 3 copies and save printed document in different locations. Make sure your sister knows all of his passwords to bank accounts etc.. Sorry to read the bad new. That stinks.
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Post by deadeer on Nov 30, 2020 7:19:33 GMT -5
Before my dads passing, my folks used our local credit union for their will. They said it was simple, friendly, and free. They talked to an attorney prior, and were told $2k minimum.
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Post by Woody Williams on Nov 30, 2020 7:57:50 GMT -5
IMO - Any couple in an advanced age should go to an Elder Law Attorney. There is a lot more to this than having a simple will. I thought I was smart and quick deeded my house to my three “kids”. Then I talked to a member of my Sunday School class who is an Elder Law Attorney and he told me that was not the way to go as it could have significant tax consequences down the road. I set up an appointment with him and we are set up that no matter what happens to my wife and I our money (what little we have) and our home is protected. They are not cheap but they really are in the long run protecting what you have for your descendants .
We have one on here that doubles as our Ask the Conservation Officer. PM Morrison on here and see what he advises.
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Post by featherduster on Nov 30, 2020 8:08:45 GMT -5
I agree with WOODY 100% regarding an ELDERS attorney.
Don't rely on internet advise when it comes to legal matters trust your family attorney.
It may cost you a few dollars up front but it could and will save you money and headaches at the end.
Make good sound decisions now.
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Post by esshup on Nov 30, 2020 10:42:04 GMT -5
Mom passed in June. She has a will. I was designated the executor. Some things I learned since then.
1) POA stops the minute the person passes away here in Indiana.
2) Any accounts with multiple names on them (bank accounts especially) revert to the person that is named on the account, NOT the people in the will (estate).
3) Any vehicles that have more than one name on the title revert to that person, NOT the estate.
4) Possession is 99% of the law, so any personal items that are his that are in the hands of any other person will be hard to get back into the estate if the person holding onto it doesn't want to relinquish said items.
Mom's will cost $750.
I agree, have him write down all his electronic passwords, etc. for reference.
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Post by treetop on Nov 30, 2020 17:05:55 GMT -5
I’d agree with a attorney especially if he or she has kids if they don’t have much it probably could be done at a lower cost but I have no idea
He should also have a living will should be given to his doctor his hospital and one should be with the will basically it will say things like no life support no IV food or drugs or it can say he wants them but it takes love ones out of the loop so they don’t have to pull the plug I know it sounds bad but it’s something we all face
I honestly thought that it was the duty of the Executor to see the will was carried out regardless of possession and the POA to make decisions for you if your not of sound mind
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Post by Deleted on Nov 30, 2020 17:22:50 GMT -5
IMO - Any couple in an advanced age should go to an Elder Law Attorney. There is a lot more to this than having a simple will. I thought I was smart and quick deeded my house to my three “kids”. Then I talked to a member of my Sunday School class who is an Elder Law Attorney and he told me that was not the way to go as it could have significant tax consequences down the road. I set up an appointment with him and we are set up that no matter what happens to my wife and I our money (what little we have) and our home is protected. They are not cheap but they really are in the long run protecting what you have for your descendants . We have one on here that doubles as our Ask the Conservation Officer. PM Morrison on here and see what he advises. My wife`s 81 year old Aunt did this. Her husband, an 83 year old retired Marine, is in advanced stages of dementia, and she was urged to talk to an "Elder Attorney", so they might not lose everything if he has to go into some sort of extended care facility. End of life and extended care planning is a complicated and important aspect of planning for each of us as we get older. |
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Post by tenring on Nov 30, 2020 18:09:27 GMT -5
By all means, several copies of that will. Well to do uncle of mine bought 40 acres of ground close to where I live now. I kept the right of way road in good shape, helped build a shooting cover with two benches, kept the grass moved, set up target butts at 200 yards, eventually built a foot bridge over a large creek, cleared out a wooded area out to make it a 300 yd. range, uncle said it was the first time he could go to the other part of his land any time [think spring flooding] and he really appreciated all the work I had done. Years later he had heart problems,couldn't get down to shoot for several years, and when he did he was shocked at how good I had taken care of the place. Mean time his found out about his wife's boyfriend and changed his will. I was to get the 40 acres, period. Told me his will was in his safe deposit box up in Indy. Bad heart finally got the best of him, shortly after his funeral I got a call one evening from a lady who worked at his bank [name withheld for fear of reprisals] verified who I was, and told me that his widow came to the bank to talk to a good lady friend who just happened to be the manager of that bank. She just needed some cash for every day expenses,and knew there was some in that box. Box was under "lock out" but wound up being opened anyway and reading the "last will and testament", she was shocked that she was cut out of a lot of stocks, bonds, cars, and cash. Will and other information was taken home, nothing important was left for a court appointed person to look over. Yes, by all means, MAKE SEVERAL COPIES AND DON'T TELL EVERY TOM, Dick, AND HARRY WHAT YOU HAVE DONE!!!!!
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Post by esshup on Nov 30, 2020 18:53:29 GMT -5
By all means, several copies of that will. Well to do uncle of mine bought 40 acres of ground close to where I live now. I kept the right of way road in good shape, helped build a shooting cover with two benches, kept the grass moved, set up target butts at 200 yards, eventually built a foot bridge over a large creek, cleared out a wooded area out to make it a 300 yd. range, uncle said it was the first time he could go to the other part of his land any time [think spring flooding] and he really appreciated all the work I had done. Years later he had heart problems,couldn't get down to shoot for several years, and when he did he was shocked at how good I had taken care of the place. Mean time his found out about his wife's boyfriend and changed his will. I was to get the 40 acres, period. Told me his will was in his safe deposit box up in Indy. Bad heart finally got the best of him, shortly after his funeral I got a call one evening from a lady who worked at his bank [name withheld for fear of reprisals] verified who I was, and told me that his widow came to the bank to talk to a good lady friend who just happened to be the manager of that bank. She just needed some cash for every day expenses,and knew there was some in that box. Box was under "lock out" but wound up being opened anyway and reading the "last will and testament", she was shocked that she was cut out of a lot of stocks, bonds, cars, and cash. Will and other information was taken home, nothing important was left for a court appointed person to look over. Yes, by all means, MAKE SEVERAL COPIES AND DON'T TELL EVERY TOM, Dick, AND HARRY WHAT YOU HAVE DONE!!!!! ^^^^ THis is VERY important. Only the executioner should know where the original is kept and the executioner should have a copy of the will too. The good thing is that if an attorney does the will, they will keep the original at the office, but the executioner still has to know what attorney was used to be able to find the original. I'm running into problems because I don't know all of Mom & Dad's assets, and the paperwork for those assets that was at the house has disappeared, along with all the old IRS tax papers. Unfortunately, Mom & Dad didn't tell the estate attorney everything, so there is some ambiguity in the will..... There are a lot of details that I need to get straightened out and this winter it will be my part time job to do so. |
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Post by bartiks on Dec 1, 2020 11:49:15 GMT -5
Thanks fellas for all the information. I will be sure to take this into account as I myself don't exactly know where mom and dad's asset's are located. They are both getting close to 70 so I know the "difficult talk" will have to come sometime. Hoping to wait until after the holiday's come and go so we can get some idea where the asset's are located.
I believe my BIL is coming down this weekend and if that is the case I guess we get to have a talk with his wife there and my MIL who, in my opinion thinks that what she says needs to be law. However it is kind of funny to watch my wife lash out at her once in a while. Thanks to all again.
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Post by esshup on Dec 1, 2020 12:05:14 GMT -5
One other thing, when it comes to the estate, the only people that have a say in the matter are the people that are listed in the will. i.e. a mother-in-law or brother-in-law have no input whatsoever unless they are listed in the will.
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Post by Deleted on Dec 1, 2020 12:13:32 GMT -5
One other thing, when it comes to the estate, the only people that have a say in the matter are the people that are listed in the will. i.e. a mother-in-law or brother-in-law have no input whatsoever unless they are listed in the will. I`ve seen what sometimes happens to people when someone passes away and there are material things to distribute. Oftentimes, people who otherwise seem to be good, decent, reasoned people literally become foaming at the mouth crazy fighting for stuff. Terribly sad. |
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Post by Woody Williams on Dec 1, 2020 12:52:35 GMT -5
One can specify a person that will not get anything. IOW - “My cousin Joe Blow will not be recipient of any of my possessions .”
We can exclude people.
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Post by esshup on Dec 1, 2020 13:43:37 GMT -5
One can specify a person that will not get anything. IOW - “My cousin Joe Blow will not be recipient of any of my possessions .” We can exclude people. You can also put in the will something like this: "If a person contests the will then they get nothing." That will put a stop to any fighting before it starts. |
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