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Honored Contributor
Posts: 30,916
Registered: ‎05-10-2010

Court Houses do not enforce wills.  The will is incorrect and she doesn't want to have it amended?  How can anyone be sure that there aren't other errors in her will?  If she didn't bother reading it, it might not be what she wants at all.  If I were the executor, I would insist that she have it correct so that the will reflects her wishes.  Yeah, sure.  "everyone" knows what she wants but it would only take one person to insist that what's in her legal will be carried out.  

Honored Contributor
Posts: 9,278
Registered: ‎03-09-2010

Why doesn't she just attach a codicil instead of having the whole thing rewritten?

Honored Contributor
Posts: 32,482
Registered: ‎03-10-2010

Well, if she's out of money when she dies, what she wants and has in the will is a moot point.

 

 

Honored Contributor
Posts: 33,580
Registered: ‎03-10-2010

Please do NOT go on-line, print out a Will and have her sign it.  I cannot tell you the number of times these Wills cause nothing but problems. They are never done correctly, they don't include things that need to be included and the estate ends up taking longer than it should, being much more complicated than it should and having way more Court involvement than there needed to be had the Will been done properly to begin with.  

 

If the attorney made a mistake doing the Will, he should correct for her at no charge.  Yes she'll need to resign it but it will be done properly.

 

Are you positive that the courthouse keeps a record of ALL Wills?  How do they know all this information?  Who is required to notify the court that the Will was done?  

 

And yes, the Court most enforces Wills.  That is the job of a probate court or whatever it is called in your area.  If there is a burial issue, something would have to be filed with the Court though and who wants to go through all that?  I'm not sure why anyone puts their burial wishes in their Will anyhow. Many times a Will isn't even looked at until after the death and burial.  If someone wanted a regular burial and their next of kin cremates them, what are you going to do?   

Respected Contributor
Posts: 2,764
Registered: ‎03-11-2010

My parents paid for their funeral ten years ago. Director kept that info and I have a copy. They even bought the headstone. 

 

Mom passed last year. There were a few things we did have to pay for: copies of the death certificate, the cost of cemetery staff to open grave, the cost of etching Mom’s date of death on headstone. We also paid for the meal after funeral service, donation to priest who served the mass and for music. Altogether, about $1000. 

Respected Contributor
Posts: 2,955
Registered: ‎08-13-2010

Yes wills are so important but you need to make an executor that can write checks to pay for your assist living or nursing home if you get to that point. My parents needed assist living & home nursing before their death my brother was appointed. It has to be done legal incase you have children that may think they should do it. Children can cause problems if they think the executor you appointed isn't doing their job. My brother was wonderful, some of these assist living places can cost $3,000 a month. DD says oh come live with me Oh NO!!!! Since I only have her so we talked & explained how it goes. If she dies then any Grandchildren until their age of 30yrs (kids aren't mature in 20's) if no children then goes to our nieces. There is so much to consider not just death. You never know before death & you need help to pay & not able to do it get an executor. My Dad has altimizers so happy they straighten it all out before he got sick. We went to an estate planner I was thinking just a will wow, he was saying what about this or that never thought to do any of that but it is done. When you do get your affairs in order you need to talk to your kids what is going to happen so they know. 

Honored Contributor
Posts: 33,580
Registered: ‎03-10-2010

@sissel wrote:

Yes wills are so important but you need to make an executor that can write checks to pay for your assist living or nursing home if you get to that point. My parents needed assist living & home nursing before their death my brother was appointed. It has to be done legal incase you have children that may think they should do it. Children can cause problems if they think the executor you appointed isn't doing their job. My brother was wonderful, some of these assist living places can cost $3,000 a month. DD says oh come live with me Oh NO!!!! Since I only have her so we talked & explained how it goes. If she dies then any Grandchildren until their age of 30yrs (kids aren't mature in 20's) if no children then goes to our nieces. There is so much to consider not just death. You never know before death & you need help to pay & not able to do it get an executor. My Dad has altimizers so happy they straighten it all out before he got sick. We went to an estate planner I was thinking just a will wow, he was saying what about this or that never thought to do any of that but it is done. When you do get your affairs in order you need to talk to your kids what is going to happen so they know. 


@sissel, a will doesn't come into play until after you die.  You don't name an executor to do things while you are living.  You need a power of attorney for stuff like that.  There are other estate planning documents as well but a will won't do a thing for you when you are living.

Respected Contributor
Posts: 2,955
Registered: ‎08-13-2010

Guess my brother was power of attorney whatever he got into my parents accounts while they were in assist living & had control. Thank God they needed help to take care of them. I remember we had to have papers notized to make him in control. Before death we lose control of mind and to have some type of living will and appoint someone that we trust is so important. Yes wills are at death what about when we lose mind or health to help us please get that in order. Who do you want to get in&out  of your money to pay for assist or nursing care appoint someone. You may not be able to do it. Get a will but do you want your children to care for you ? No I want to go assist living or nursing care did you save for that? these are things no one talks about. 

Honored Contributor
Posts: 10,371
Registered: ‎03-09-2010

@Nightowlz wrote:

@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.


 

 

Call and ask them if they enforce wills.  My guess is they are way too busy to monitor or enforce.

Valued Contributor
Posts: 744
Registered: ‎05-31-2018

@Nightowlz wrote:

@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.


When my mother died, the funeral home notified social security.