Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 7/13/2017 5:09:02 AM EDT
I've been married three years now and I'm embarassed to admit that I haven't updated my will.  My wife is the named beneficiary for my life insurance policies but I don't have anything that gives her all of my other property.  I want to leave my guns+ammo and 4 acres of land out in the country (worth about $25k) to my buddy.
Link Posted: 7/13/2017 5:44:09 AM EDT
[#1]
Link Posted: 7/13/2017 6:31:15 AM EDT
[#2]
Thanks very much, Aimless.  I'm a bit concerned since we're buying property in both MA and SC if stuff is state specific.  My wife is currently living in MA while I'm overseas but in the fall of 2018, we're going to move to SC.
Link Posted: 7/13/2017 10:29:15 AM EDT
[#3]
One will should still be able to address property in two separate states.  One thing to keep in mind is that, depending on how the property is titled and if there is a right of survivorship, property can convey outside of the estate and may not be a part of probate.  Generally speaking, a will that is validly executed in one state remains valid if you move to another state.  An attorney with estate planning experience may/should also be able to draft a will in such a manner (such as by adding additional witnesses) that it will meet the execution requirements of several states such that it is not necessary to go back and examine the law of the state where it was signed.

I do not recommend an online will service or will drafting program because, as Aimless mentioned, the requirements for will and how they need to be executed vary state by state and generally you can find a licensed attorney that can draft a will for relatively cheaply.  I definitely would not recommend an online service or will drafting program for any will that is not a straightforward, simple will where all of the property is in one state, the individual executing the will is in that state, and the scheme of distribution is simple and straightforward.  I understand the desire to save money, but spending the extra money to get a will drafted by a professional can save a lot of time, stress, and heartbreak during an already emotional time and is well worth it.
Link Posted: 7/13/2017 10:41:41 AM EDT
[#4]
I would never do a will online. It sounds like you have probably have well over $100,000 dollars in assets, but willing to forego professional legal advice to saw a few hundred dollars. I'd never risk it. Professional legal advice is worth it's weight in gold when it comes to estates.
Link Posted: 7/13/2017 10:47:05 AM EDT
[#5]
In Louisiana a handwritten signed will is entirely legal.

Recently dealt with my deceased sister's overly complicated will.
I have my bank accounts set up with my daughter being payable upon death, as Chase was a huge PITA about that, huge.
Link Posted: 7/13/2017 11:22:26 AM EDT
[#6]
Self prepared wills are easily overturned in court by challengers, for the reason that for a will to be valid the person making the will must be of "sound mind".  When a will is prepared by a lawyer (an officer of the court), it's assumed by the court that the preparing lawyer judged the person making it to be of sound mind (or he wouldn't have produced the will).  In that case there's provable, qualified legal evidence of the testator's mental capacity.  With a home made will this evidence doesn't exist, unless perhaps if you have a lawyer who signs the will as witness.
Link Posted: 7/14/2017 2:42:22 PM EDT
[#7]
Generally speaking, a will that is validly executed in one state remains valid if you move to another state.
View Quote


At least in Virginia at least one of the executors of ANY will must be a Virginia Resident.

If you move into Virginia and do not meet this the will is invalid.

My dad used to be an executor for a lot of his fellow workers (three letter agency) that relocated to Virginia and needed to add a codicil naming a Virginia Resident to their wills.

Over the years he has filed a few of them and is familiar with how do do it.
The rest of the handling has always then been passed on to other 'co-executors' though sometimes with some hand holding.  

Mostly '"Hire a Virginia attorney" since it is only a few hundred dollars.
Link Posted: 7/14/2017 2:55:32 PM EDT
[#8]
My mother tried to DIY her will and it wasn't accepted by the court since it wasn't witnessed properly.  By trying to save $200 we ended up spending over ten times that dealing with the intestate crap that followed.

Get it done right.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top