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Who are your beneficiaries? Especially if you do not have kids.


boyst

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My younger brother Darryl noticed this:

 

http://www.cinemable...Deal-27704.html

 

 

 

Spandex? Alzheimer's? Considers himself super-intelligent? Healthy seven figures?

 

This could explain a lot.

 

Who knew Caesar had cats?

 

Good for Serkis...he deserved an Oscar nomination for that performance. Conveying human emotion in a non-speaking part as a motion-captured chimpanzee was one of the best performances I've ever seen.

 

 

But that's not me. I've played a...different...monkey.

Edited by DC Tom
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Frankly, this is me. Never have bothered with a will. But now that we have a little one, I feel like I have to get my act together.

 

If you are childless though, I am not sure having a will or trust matters a whole lot. Usually the money will go to the most logical folks through intestacy anyway.

 

If you own any kind of probatable assets (home, non-retirement investments, valuables) you should get a trust. I really don't think your heirs nor you want the courts determining who gets everything. Probate is time consuming and very expensive. I've had many attorneys say that if you don't let them do your trust let them probate your estate. They'll make a hell of a lot more money off you.

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The probate state is brutal for estates. North Carolina still allows hand written wills. As long as the signature can be verified and someone is willing to sign an affidavit stating it is the person they say it is.

 

For my grandpa we had to track down an attorney that wrote it for him in 1970something when it normally was not notarized or sealed. The guy had since retired and was in his late 80's, luckily his son was still practicing.

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The probate state is brutal for estates. North Carolina still allows hand written wills. As long as the signature can be verified and someone is willing to sign an affidavit stating it is the person they say it is.

 

For my grandpa we had to track down an attorney that wrote it for him in 1970something when it normally was not notarized or sealed. The guy had since retired and was in his late 80's, luckily his son was still practicing.

 

With a will the court still gets involved as it doesn't avoid probate.

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Frankly, this is me. Never have bothered with a will. But now that we have a little one, I feel like I have to get my act together.

 

If you are childless though, I am not sure having a will or trust matters a whole lot. Usually the money will go to the most logical folks through intestacy anyway.

 

You're wrong. If you have a home, you need a trust. And I'm not screwing around. I mean tomorrow. Find someone to start the process. If you die and leave your wife and child without a trust, you're screwing them at the one time they don't need to be worrying about money or property.

 

I'm not schitting you. Do it. Tomorrow. And it's not a simple process or piece of paper. It's a lengthy process that takes time and money, so stop reading this and get to work on a trust, dammit.

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Geez--alright!! I'm going...I'm going...

 

Seriously, I think I will get moving on this finally; have been thinking about it for a few years now.

DUDE ... WTF IS WRONG WITH YOU?!?!??!?!?! YOU'RE STILL HERE????????????

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Okay. I am back here with less shame, as I drafted a will last night. I am going to work on my wife's will tonight. can I now show my face around here?

 

You might as well draw it up on a cocktail napkin and have it notorized by the drunk guy at the end of the bar. Go to an attorney......now!

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You might as well draw it up on a cocktail napkin and have it notorized by the drunk guy at the end of the bar. Go to an attorney......now!

What are the chances that guy has his notary stamp on him, though?

 

Jesus, Chef. Think.

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I have no kids and not wife, so do I need this. I only have my sister and her family. Doesn't everything automatically go to them?

 

Depends on what you have. Any probateable asset (anything without a beneficiary) will go to probate court. The biggie would be your home. The legal fees (here in CA) are based on the gross value of the estate not the equity. It also can take a year or more to be completed. So to answer your question it will probably go to them but not automatically. The courts will get involved which means lawyers and the their high fees.

 

So bottom line. Contact a competent estate attorney (not legal zoom or some storefront legal shield) and have them consult with you.

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Legal zoom = Basic will or trust for $50-$1000 probably but no sit down, no "hey, I was thinking of changing my residuary beneficiaries" questions...just a 1-800 #.

 

Estate atty (50% of my practice) you can usually get a Will for husband and a Will for wife, health care proxies, living wills and POA's for $300-$500. Includes sit down, changes, document execution (to demonstrate testamentary capacity) and copies, etc.

 

A trust is more and depends whether you are looking for a living trust (revocable) or a Medicaid planning trust (irrevocable). Usually $1000-$2000.

 

You really need a face to face meeting with an atty you are comfortable with (I.e. Legal zoom doesn't give you that luxury).

 

JR was right. If you die intestate (without a will) the law of intestacy apply and your estate (if married) would go to wife and part to kids. If unmarried, to your parents or siblings if living. The probate process is sometimes long but our office mostly concentrates on getting it done quickly (but the estate has to stay open 7 months for creditors to have statutory right to file claims). It doesn't mean assets can't pass to beneficiaries during this time (most spouses and kids take partial distributions or transfer deeds) but some cash must be held in the estate account in the event of possible creditor claims or estate taxes.

Edited by BringBackFergy
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