How many folks have all their legal affairs in place?

This is important. When my hisband was diagnosed with cancer we both made our wills, and I updated mine earlier this year when I had a cancer scare of my own.

My husband died of complications from his cancer after being in remission for two years. I am close to some cousins of mine, and they and my closest friends will benefit when I die (assuming they are still around).

OP in your case, I assume most will go to your sister but what about old and good friends, the people that make up your found family?

Apart from that, consider charities or institutions that mean something to you.

I have my sibling named as TOD on my bank accounts and funds. Transfer On Death. Doesn’t go through probate. There probably won’t be much left, lol, but it’s easier for her.

R2 That's what I'm doing too. In California you can even tranfer the deed on your house without probate.. My sister and I had to go through probate with my mom's death and what a hassle.

I don't have anything or anyone, so I'm good.

This is a huge issue for me. I'm 72. No children, nieces, or nephews. Only remaining relatives are cousins. I have two houses and other assets. The best thing for me is if I could find a way to spend it all while I'm alive -- sell the houses, stocks, etc. and live like a king. But I can't bring myself to do that.

I'm 72 and have had my end of life plans in place for several years. When I die everything should go seamlessly. There will be no funeral, so that alone takes care of a huge chunk of what needs to be done once I'm gone. All my financials are taken care of and will be managed by 2 people. One of my 3 best friends and my attorney will deal with all that rigamarole.

R5 - why not? I would sell off a little bit to get the ball rolling and see how you feel.

My brother died without a will several years ago - it was 3 years of hell - made longer by COVID and courts being closed.

You can find most legal documents you need on Legal Zoom and amend them as necessary. That's probably the cheapest route. My mom has spent thousands on attorney fees for wills and other documents, which were probably unnecessary if we just did them online.

I have all my affairs in order. My older brother is the Executor and Healthcare Power of Attorney. He saved my life (literally) several years ago, and he managed my bills when I was recovering in a nursing home. My assets are set up to be divided three ways: between my brother, my sister, and my former partner. They ALL know how it's been set up, so no surprises there. Almost all my assets are set up as TOD (Transfer on Death) or POD (Payable on Death).

[quote] My brother died without a will several years ago - it was 3 years of hell

If it's any consolation my mother left a will and it was still a huge headache. Wills still go through probate, people can contest them, it takes forever, oh wait, you know this.

This is a great time to de-bunk a myth. Listen up, people ...

Do [bold]NOT[/bold] leave a token amount (like $1) as a sign of dislike/displeasure! It makes those people "interested parties" to your estate, leaving the door open to them to interfere. Do not mention them at all, focus only on where you do intend things to go.

None of it.

I have zilch, not even a will. All my stuff can go to the incinerator, landfill or charity as my cousin sees fit.

If you don't have any family left and you want to find someone to handle your affairs after you're gone (or if you become incapacitated), would you recommend some kind of fiduciary/trustee? A bank, an attorney or ??? Has anyone taken this route?

R13 - an estate attorney and their office becomes notified at your passing. That's what I presume.

r14 But can they handle things while you're alive as well?

More or less.

There are no debts beyond ongoing credit card bills and a few other things that are paid in full at every billing.

The one important thing I need to do is put together an inventory of accounts and details for my partner, with contacts and passwords, estimated balances, and a brief note for each (notify Social Security of my death, what each account is, what it contains and what to do with it, etc.)

My partner is a co-owner or successor to the accounts, but they are in two countries and he is not one to want to know the financial details.

[quote] Do NOT leave a token amount (like $1) as a sign of dislike/displeasure! It makes those people "interested parties" to your estate, leaving the door open to them to interfere. Do not mention them at all, focus only on where you do intend things to go.

Heed these words.

Has everyone made sure their wills include "for reasons that are well-known to them"? I think it should be mandatory for Dataloungers.

R10, R17. My mother's will specifically named my sister-in-law as not getting anything because she'd gotten plenty during my mother's lifetime. Legally it's good to show leaving someone out was not an oversight. (SIL also inherited a ton from a paternal uncle who doted on her husband, who predeceased her. My mother didn't put that part in.)

Lovely story on how much an inheritance can mean to the right people. In this case, a beloved home.

Yes. We have wills, healthcare proxies, medical directives and all that shit. Fortunately we both have siblings we trust as executors.

No use leaving a big ol' mess on the way out.

My executor is my bank. Distribution is one relative and some charities.

Intestate can be a royal mess, as I understand it even ne'er do well distant relatives can qualify if nothing closer; if no one, why should your money go to the state?

As someone who is now trying to act for someone else who only left a will, who is not deceased, but incapacitated -- a WILL does nothing if you are still alive, but can't act.

You need a durable power of attorney and a power of attorney for healthcare decisions (or "Advance Directive). This is very important as people age and things like strokes, incapacity, health problems, not able to get to financial institutions or computers, pay bills, etc. starts happening.

I finally put my affairs in order during the pandemic. Trust, will, durable power of attorney upon incapacitation, and advanced directive.

My goddaughter/cousin (more like a niece, she’s much younger) is my executor, POA, and successor trustee. She and her kids, as well as my half-brother and his kids, are my heirs.

I’m a product of divorced parents. I was raised by my mom and stepdad and have no siblings from them. My half-brother is from my father and stepmom. When I inherit from my stepdad (mom has already passed away), I’m keeping those assets in their trust so they go only to survivors in their families when I die.

R23: my mother had a brain bleed that left her affairs in limbo for weeks. Once she recovered, I had her name me as Power of Attorney to sign checks, etc.

I have my brother set as my beneficiary with the instructions to distribute my remaining money equally to my siblings, but I haven't set up anything to provide access to accounts etc.

I've recently bought a Nokbox to try to herd the cats and get the financials in place, but still need a will to get the legal stuff settled.

Years ago, a close friend said in the event of his death, I should get into his house and dispose of any videotapes labeled BATMAN '66.

It was his hardcore porn collection.

[quote] My mother's will specifically named my sister-in-law as not getting anything because she'd gotten plenty during my mother's lifetime. Legally it's good to show leaving someone out was not an oversight.

No reason to mention in laws in your will at all if they are not beneficiaries. Anyone can contest a will but their case is more difficult if they are not even mentioned. Why on earth did your mom think she had to include your SIL?

However, if you are disinheriting a child I've been told it's best to mention them for the reasons you stated. A child is someone who would be entitled to a share of an inheritance if there is no spouse so they would have a better argument for being 'forgotten' if not mentioned.

R28 - presumably sister-in-law was married to one of her children who could still be alive and she would receive what is left to him.

I don't know for sure - that post was really poorly written about paternal uncles doting on her husband and - I couldn't follow it.

Only thing I haven't done is prearrange my cremation, there will be no funeral but my wishes are known by my sole beneficary. I have everything else done, the will, beneficiaries on all my accounts and life insurance, medical power of attorney, set up a revocable living trust. TOD (transfer on death) title on my vehicle.

My lawyer sleeps with me

I need a trust for my home but I've been too lazy to find a lawyer

A child is only affected with intestate estates. No spouse, but children survivors? If some mentioned, others not, it's not an oversight. Deceased told lawyer what to write, signed later what lawyer wrote. Under the law, that's it. Judge can't really determine: "Oh, yeah, they meant to include you, but it was an oversight."

Undue influence claims are usually considered with situations such as shortly beforehand making housekeeper, health aide, etc. beneficiary in a position to be around a lot at the end. That kind of thing.

Friend is an attorney who only draws up wills for people and she told me to be as specific as possible: donating money to a charity? Tell them how you would prefer they use it. Cars? Should they be given to a friend, sold, or donated?

Anything to make the executor’s job easier.

[quote] I need a trust for my home but I've been too lazy to find a lawyer

An FYI when you set up a trust for your home that my lawyer didn't warn me of. The name on the title will change from John Doe to the The living Trust John Doe Trustee, which at least in my state meant you need to file a new homestead and mortgage exemption because of the name change. I had to pay a lot of extra taxes for one year because I didn't file for exemptions under the new title name. Cost me a couple of thousand extra dollars I wouldn't have needed to if I had only known.

r31=Della Street

FYI - POA stands for Piece of Ass

In Greece you cannot disinherit your children.

Spain also has "forced heirship" benefitting spouse, parents, and children. There a few specific exceptions to avoid this in extreme circumstances (neglect of parents, intended harm, etc) which must be approved by a court by the testator.