Your Will - Page 2

geezerette · ‎03-16-2010

@Nightowlz wrote:
@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.

I'm fairly certain that your girlfriend is mistaken. @Kachina624 is correct in that the county clerk merely makes the documents public. But @FrostyBabe1 is also correct in that your mother's executor/next of kin will have already made her funeral/burial arrangements and she will be buried or cremated or whatever before her will is read and executed.

Yes, you mother-in-law should make sure her will reads as she wishes, but I can understand her not wanting to bother at her age. In that event, if you're worried about it, have someone draw up a document that states her wishes for her body upon her demise, date it, have her sign it, and have two people (neither of whom being the executor or next-of-kin) witness it. I can't imagine there would be a problem, other than perhaps from an irate relative for some reason, but that document would at least show what she wanted.

BlueFinch · ‎08-31-2019

These records are kept in case someone protests the will, or if the executor is reportedly neglecting duties, e.g., paying off debts, etc. No one at the courthouse checks to make sure the executor follows specific personal wishes, unless someone complains. I've been an executor three times. Currently, for my mom. No one has ever asked me a single question about my duties.

I was even listed as executor of my dad's will in error. In order to probate, I just had to sign a short statement saying I was relinquishing the role to my mother. No problem.

I would think this minor change could be done in your MIL's handwriting with a notary. Just a simple statement requesting correction of an error in her current Will, in case anyone protests. In my opinion, it would not be necessary to file a new Will, or submit this change with the officials. Just keep it with the original Will.

Nightowlz · ‎03-11-2010

@1Snickers wrote:
@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.

@1Snickers

He retired after she had her Will done. The office there should be able to take care of it. I just can't get DH to get it done. He's just tired of being the one that has to do it all plus he's the only one working.

Nightowlz · ‎03-11-2010

@geezerette wrote:
@Nightowlz wrote:
@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.
I'm fairly certain that your girlfriend is mistaken. @Kachina624 is correct in that the county clerk merely makes the documents public. But @FrostyBabe1 is also correct in that your mother's executor/next of kin will have already made her funeral/burial arrangements and she will be buried or cremated or whatever before her will is read and executed.

Yes, you mother-in-law should make sure her will reads as she wishes, but I can understand her not wanting to bother at her age. In that event, if you're worried about it, have someone draw up a document that states her wishes for her body upon her demise, date it, have her sign it, and have two people (neither of whom being the executor or next-of-kin) witness it. I can't imagine there would be a problem, other than perhaps from an irate relative for some reason, but that document would at least show what she wanted.

@geezerette

I found a form online for our State where she can select an Agent to carry out her wishes. She just has to fill out the form & have it notarized.

She would not be happy if she was Cremated. Trust Me. She already has her plot next to DH at the cemetery.

geezerette · ‎03-16-2010

@Nightowlz wrote:
@geezerette wrote:
@Nightowlz wrote:
@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.
I'm fairly certain that your girlfriend is mistaken. @Kachina624 is correct in that the county clerk merely makes the documents public. But @FrostyBabe1 is also correct in that your mother's executor/next of kin will have already made her funeral/burial arrangements and she will be buried or cremated or whatever before her will is read and executed.

Yes, you mother-in-law should make sure her will reads as she wishes, but I can understand her not wanting to bother at her age. In that event, if you're worried about it, have someone draw up a document that states her wishes for her body upon her demise, date it, have her sign it, and have two people (neither of whom being the executor or next-of-kin) witness it. I can't imagine there would be a problem, other than perhaps from an irate relative for some reason, but that document would at least show what she wanted.
@geezerette

I found a form online for our State where she can select an Agent to carry out her wishes. She just has to fill out the form & have it notarized.
She would not be happy if she was Cremated. Trust Me. She already has her plot next to DH at the cemetery.

@Nightowlz

There you go. I was assuming that she was unable or unwilling to go to a notary. 👍

Sheila P-Burg · ‎10-10-2019

The will is handled depending on the laws in the State it is filed. In most cases upon a death the lawyer notifies the required individuals that a will exist.

I have certain obligations in my will pertaining to my burial. Upon my death my lawyer will notify the executors of my will of my wishes so those wishes can can be fulfilled.

Nightowlz · ‎03-11-2010

@geezerette wrote:
@Nightowlz wrote:
@geezerette wrote:
@Nightowlz wrote:
@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.
I'm fairly certain that your girlfriend is mistaken. @Kachina624 is correct in that the county clerk merely makes the documents public. But @FrostyBabe1 is also correct in that your mother's executor/next of kin will have already made her funeral/burial arrangements and she will be buried or cremated or whatever before her will is read and executed.

Yes, you mother-in-law should make sure her will reads as she wishes, but I can understand her not wanting to bother at her age. In that event, if you're worried about it, have someone draw up a document that states her wishes for her body upon her demise, date it, have her sign it, and have two people (neither of whom being the executor or next-of-kin) witness it. I can't imagine there would be a problem, other than perhaps from an irate relative for some reason, but that document would at least show what she wanted.
@geezerette

I found a form online for our State where she can select an Agent to carry out her wishes. She just has to fill out the form & have it notarized.
She would not be happy if she was Cremated. Trust Me. She already has her plot next to DH at the cemetery.
@Nightowlz

There you go. I was assuming that she was unable or unwilling to go to a notary. 👍

@geezerette

No she paid that attorney for his work. She said she was not paying anymore money for something that should have already been done.

Nightowlz · ‎03-11-2010

@Sheila P-Burg wrote:
The will is handled depending on the laws in the State it is filed. In most cases upon a death the lawyer notifies the required individuals that a will exist.

@Sheila P-Burg

Yes some how the State must be the first to know.

We received a letter from the State of SC when my dad passed.

I thought it was strange.

Sheila P-Burg · ‎10-10-2019

Not really strange. In some states if there is no will and no family all assets fall to the state.

Peaches McPhee · ‎04-19-2010

An executer is charged with following the Will to the letter. I am not sure how that would be policed however, especially in this case. Often the body is buried/cremated before the will is normally read anyway.

-- pro-aging --

Rochester, New York