Your Will

Nightowlz · ‎03-11-2010

I found out that the courthouse in town keeps a record of all Wills.

Do you know if they enforce it?

My MIL's attorney listed she wants to be Cremated in her Will. She does not but she signed it I guess without reading it. DH is her Executor & found out when he read it since she gave him a copy. She does not want to mess with getting it changed since all the family really knows what she wants??? I told DH that's not how it works. I told him he needs to take care of it ASAP. She will be 90 on the 20th.

RedTop · ‎09-01-2010

If your MIL is still capable of saying what she wants, and all of her children are aware of what she wants, this is not a big issue.

FrostyBabe1 · ‎05-09-2016

Yes, she does need to get it changed. I had an elderly great aunt put something in her will that was not worded to make things happen the way she wanted them to. But since that was what she signed, the executor was obligated to do what was specified.

Quite honestly, i have no idea why someone would put funeral or burial info in their will as that document may very well not read be until after all of the services have been concluded.

i've learned thru experience that having a very simple will which leaves all assets to a trust is the best way to keep things private. The will is a public document. The trust is not.

~The more someone needs to brag about how wonderful, special, successful, wealthy or important they are, the greater the likelihood that it isn't true. ~

Kachina624 · ‎03-10-2010

The Courthouse is not a law enforcement agency. The county clerk is merely a records keeper.

New Mexico☀️Land Of Enchantment

Nightowlz · ‎03-11-2010

@FrostyBabe1 wrote:
Yes, she does need to get it changed. I had an elderly great aunt put something in her will that was not worded to make things happen the way she wanted them to. But since that was what she signed, the executor was obligated to do what was specified.

Quite honestly, i have no idea why someone would put funeral or burial info in their will as that document may very well not read be until after all of the services have been concluded.

i've learned thru experience that having a very simple will which leaves all assets to a trust is the best way to keep things private. The will is a public document. The trust is not.

@FrostyBabe1

We don't have one but need one. She got hers after my FIL passed away. She did not know what to ask for when she saw an attorney & neither did any of her kids. IMO he ripped her off. What he did took longer so it cost more money. After her DH passed away some stuff went to her plus some to the kids. IMO the kids should have signed their rights away which would have made it simple. That's what my dad did when my mom passed.

She should have read her Will before she signed it. I have not read it. I have no idea why it's part of her Will since I have no idea what it all consists of. She probably does not care if her Will is private or not. There's not much to see.

Nightowlz · ‎03-11-2010

@RedTop wrote:
If your MIL is still capable of saying what she wants, and all of her children are aware of what she wants, this is not a big issue.

@RedTop

Yes she's fully capable. She still drives, goes to church etc.

We are having her 90th birthday party next weekend.

Nightowlz · ‎03-11-2010

@Kachina624 wrote:
The Courthouse is not a law enforcement agency. The county clerk is merely a records keeper.

@Kachina624

My girlfriend just told me this a few days ago. She said they would enforce it.

Annabellethecat66 · ‎03-12-2010

You can go on the internet and print out a will, get it notarized and it's good.

When my daughter got divorced, I went to the lawyer who drew up my and my husband's will. Then when he died, I had the will redone.

Then when she got divorced, I had the will totally rewritten to make sure my son-in-law never gets any of the money that would go to my daughter (his ex-wife) should she and I die.

I wanted to make sure that the money would not go to him to manage for my grandchildren.

It's air-tight. I have made sure there is someone (other than my other daughter, the executor) who will manage the account for the surviving grandchildren.

My oldest daughter (the executor) will oversight the account, but I didn't want her to have to worry about giving out the money to the grandchildren.

People always think they don't have much (this has been a recording) but if they'd just sit down and think about it, there's always more than they think.

It doesn't have to be a big deal. But since the OP knows about it, the OP should check to see that whatever the problem is is corrected.

1Snickers · ‎03-19-2016

@Nightowlz The attorney should be contacted if this isn't what she wants. A codicil can be added to amend it. It shouldn't be expensive.

RedTop · ‎09-01-2010

@Nightowlz,

Unless your girlfriend works in the county clerks office of the courthouse in your state, I think she’s wrong about “enforcement”. Wills are recorded because they have to be probated, making them an official county document.

I too, do not understand why final wishes with a body would be included in a will, unless this is a state requirement. I have never seen a will written in WV that includes this information.