Questions and Professional Answers
Questions and Professional Answers
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Wills & living wills
I am curious as to the filing procedures for wills and living wills. I have all the forms to do my own but do I have to file them with the state or do I just have them notarized and keep them someplace safe? Also, if I have a living will done what legal grounds would any one in my family have to dispute it-
Re: Wills & living wills
You don't have to file anything. But since a living will isn't mandatory, anyone can challenge it.
Peter Bradie
Bradie, Bradie & Bradie
6606 FM 1488, Suite 148-363
Magnolia, TX 77354-2544 -
Re: Wills & living wills
I am confident that the same source from which you acquired your forms could answer these questions for you.
James Grissom
Law Office of James P. Grissom
3507 West Alberta Rd.
Edinburg,, TX 78539
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RE: Wills and/or Living Wills
I moved to the Phoenix area in January '04 from Chicago. My current situation is that I'm temporarily retired and living in PHX. I don't know how long I will stay here. I have never had a Will/Living Will. I don't own a house or any real estate. I want to file a will/living will ASAP. Should I complete the information as a AZ resident. FYI: I only have a IL driver's license.-
Re: RE: Wills and/or Living Wills
I would suggest that you prepare and sign a Will and a living will (which is an advance medical directive)here in Arizona, as soon as it is convenient for you to do so. Those documents will be enforceable in AZ, or IL or in any other state. There is no registry or recording of Wills done now, however, in September, the AZ Secretary of State will keep a registry of living wills, and Last Wills and Testament. Remember, a will only speaks if you pass away, and a living will only comes into play when you are deemed to be "terminal."More important, you must have a properly drafted durable health care power of attorney, that will protect you during your life time, and enable someone to take care of you in the event that you are unable to make decisions or otherwise take care of yourself. With the passage of the new HIPPA regulations, it is essential that someone have the legal authority to access your medical records in case you are unable to give your consent, just to get you proper treatment and to make claims on your medical insurance. Do not go to a document preparer or try to get forms off the internet or from the stationery store, seldom are these forms competently prepared by anyone other than an attorney specializing in estate planning and/or elder law. The forms that are out in the public are seldom up to date nor have I seen any that were written contemplating the new HIPPA Act.Please take action now.
Donald Scher
Donald T. Scher & Associates, P.C.
2200 E. Camelback Rd., #102
Phoenix, AZ 85255
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Updating Living Trusts and Wills
My husband & I have a revocable living trust, living wills and powers of attorney, all drawn up in Calif. We now live in Colorado. What do we need to do to update our documents?-
Re: Updating Living Trusts and Wills
You should go visit with a Colorado attorney experienced in estate planning to review your documents.
Bernard Greenberg
B.H. GREENBERG & ASSOCIATES
26 West Dry Creek Circle, Suite 520
Littleton, CO 80120 -
Re: Updating Living Trusts and Wills
It is a simple matter for an estate attorney to update your documents. The attorney can also assist you in making any changes you may wish to make while you are at it.I would be glad to assist you with this process.
Rebecca Pescador
Law Office of Rebecca A. Pescador
1243 E. 108th Ave.
Northglenn, CO 80233
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Living Wills
My husband, and spend half the year in the State Of Maine, and the other half in Florida. We are Florida residents, but we had our living will, and durable power of Attorney done in Maine. Should we have 2 living wills, one for each state?? Can you have two living wills?? Thank You,-
Re: Living Wills
As long as valid in Maine, Florida will accept.
Douglas Coenson, Esq.
email: coensonlaw@juno.com
tel: (561) 315-2120
Jupiter, FL 33478
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living wills, power of atty, wills etc
I need to know if my husband and I need to do seprate wills,power of atty and living wills or can we do them togther. Please tell us what yoou suggest. Thank you-
Re: living wills, power of atty, wills etc
All of these documents contain the express statements and desires regarding the handling of an individual's personal, financial and medical matters. Even though the documents may be created as part of an overall estate plan between spouses, it is best the each individual have their own living will, power of attorney, will, etc...
Thomas Shigo
The Shigo Law Firm, P.A.
4001 W Newberry Road, Ste E-IV
Gainesville, FL 32607
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rescinding wills
My parents executed living trusts. Subsequently they excecuted simple wills. Can the simple wills be rescinded, so the living trusts are still valid.-
Re: rescinding wills
The trusts and Wills are separate and distinct documents, although related. Doing subsequent Wills should not negate the prior trusts, but I have not seen any documents, so I do not know what they say. I usually have the subsequent Wills "pour over" to the prior trusts (name the trusts as the beneficiaries of the Wills), so the trusts become the overall disposition of assets agreements. If you could get me the documents, I can review them (no charge) and make recommendations. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
Walter LeVine
Walter D. LeVine, P. A.
23 Vreeland Road #102
Florham Park, NJ 07932
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wills and living wills
What makes a living will and last will and testament legal in Mississippi? Can they just be witnessed and notarized?-
Re: wills and living wills
The question is whether you intentions will be understood and accomplished with the least cost and delay. The courts have to have confidence that the document is genuine and it is reasonably clear about your intent. So how much effort do you make to assure the court? Weighing the benefits against the risks and potential short-term and long-term costs, it is usually prudent to have such documents prepared by an attorney well before they are needed. If there is not enough time for that, whatever you do may be honored depending on the circumstances, the credibility of the witnesses, and the risks of the burdens you lay on another. However, uncertainty will probably delay matters and involve greater costs than it costs to have the documents finished comfortably before they are needed.
Albert Pettigrew
Law Offices Ph 228-875-8736
401 Inverness Ct.
Ocean Springs, MS 39564
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Difference between Living Wills,Living Trusts and Wills
My husband & I are trying to decide which is better for us in regards to planning. We own a home worth $400,000.00it is not paid off. I have $200,000 in life insurance, he has $100,000 (I earn more) plus our 401K's. I will inherite Real Estate, cash and jewelry worth $500,000 in the future. My question is which would protect us the most the Living Trust, Living Will or a Will? Our main concern is making sure the other one is protected for the rest of their life.Thank you for your time,Cyndi--name removed---
Re: Difference between Living Wills,Living Trusts and Wills
Dear Cyndi:A living will is another name for a durable power of attorney for health care, or as it is now called Advanced Health Care Directive.In choosing between a will or a trust, in most situations where a couple's estate is as large as yours, a trust is the better vehicle to distribute ones assets.I suggest that you contact an attorney who has his/her office close to where you live. If I am sufficiently close by, please do not hesitate to contact me.Sincerely,Kai H. Wessels, Esq. (408) 268-2580
Kai H. Wessels
Law Offices of Kai H. Wessels
333 West Santa Clara Street, Suite 800
San Jose, CA 95113 -
Re: Difference between Living Wills,Living Trusts and Wills
A Trust.
Mina Sirkin
Sirkin & Sirkin
20750 Ventura Blvd, Suite 201
Woodland Hills, CA 91364 -
Re: Difference between Living Wills,Living Trusts and Wills
A living will has more to do with health care. A will goes into affect after the death of the person making the will. The will can direct where you want your estate to go, but it will still require a probate in most instances, which is public, time consuming and expensive. A living trust is almost always the correct method of estate planning because the trust is like a corporation; it is in effect while everyone is alive, and doesn't end one one person dies. I have a brochure that explains the differences in more detail. Call my office for a copy.Ken Koenen925-924-0100
Ken Koenen
Koenen & Tokunaga, P.C.
5776 Stoneridge Mall Rd., Suite 350
Pleasanton, CA 94588 -
Re: Difference between Living Wills,Living Trusts and Wills
A living will only deals with health care issues. A will is essentially instructions to the probate court on what you would like done with your non-probate property (i.e. property held in joint tenancy) after your death. In my opinion, for most people a good estate plan actually involves all three of these documents (a living trust, will and living will). If you have them prepared together, the cost is much less than preparing them individually. I would be happy to discuss the matter with you further if you contact our offices.Best regards,
Scott Schomer
Schomer Law, PC
8740 Sepulveda Boulevard, Suite 107
Los Angeles, CA 90045
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Wills or Living wills
I owe two condominums, one in Daly City with my name on it only, I am single and living by myself, What happend if I die who gets my condominum??I owe another condominum in San Francisco with my father's name on it. My father remarry after we bought the condo. he is 75 years old, say we both die, my step mom does not owe the house she is only a legal tenants, who get the condo in San Francisco?? and how long will my step mom's get it with out any kind of wills?? what kind of wills do I need so that my sister will get my share of the property?? Thank You--name removed---name removed--8-10-06-
Re: Wills or Living wills
You should have a living trust in order to avoid probate.
Ken Koenen
Koenen & Tokunaga, P.C.
5776 Stoneridge Mall Rd., Suite 350
Pleasanton, CA 94588 -
Re: Wills or Living wills
Who gets the co-owned condominium probably depends upon how ownership is held of record. If you and your father own it as joint tenants, upon the death of either of you, it would instantly pass to the survivor by operation of law, no will or trust necessary.However, if your ownership is as tenants in common, the ownership interest of the decedent does not automatically always go to the survivor, Ownership will pass according to any trust or will including that property. If no will or trust, it will pass according to the law of intestate succession - if you die first, your father would probably be the "heir" to your interest; if he dies first, your stepmother would be his "heir." That would make you a tenant in common with her.I agree you need one or two living trusts, unless these outcomes are OK with both of you.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318 -
Re: Wills or Living wills
what you need to do is consult personally not over the internet with a good attorney with expeise in estate planning and then take his or her advise -- feel free to compare attorneys for advise and costs -- remember the cots does not indicte the quality of work so the cheeper the cost may not be the better the work -- i have does estate planning in the s.f. bay area for over 30 years and understand your problems and concerns -- so not go to a para legal or company that just uses wills and trust forms
Michael Olden
Law Offices of Michael A. Olden
1035 Alta Mesa Drive
Moraga, CA 94556 -
Re: Wills or Living wills
Your children would inherit. If no children, then your parent(s) would get your Daly City condominium, unless you have a will. They will have to file for probate. If no parents, then brothers and sisters.As for the San Francisco condo, it depends how title is held. If it's joint with your father and he passes away, it would all be in your name. If only your father's name is on title, then it would pass to his wife.I would suggest you consult with counsel to draft a will and trust for you to avoid probate and effect your wishes.
Robert F. Cohen
Law Office of Robert F. Cohen
P.O. Box 15896
San Francisco, CA 94115-0896 -
Re: Wills or Living wills
You need a living trust or two. Give me a call, I can do it safest, cost effectively, and best.
Christopher M. Brainard, Esq.
Law Offices of Christopher M. Brainard -- (310) 266-4115
468 North Camden Drive, 2nd Floor
Beverly Hills, CA 90210
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Wills, Power of Attorney, Living Wills
We lived in Ohio and in 2004 moved to Florida. We had our ''simple'' Wills, Power of Attorney, Living Wills, etc., done in Ohio. Nothing has changed in these documents except our address. Do we need to have these documents reviewed and changed? Thank you!-
Re: Wills, Power of Attorney, Living Wills
You should have them reviewed to make sure their execution meets Florida's requirements (two witnesses). It is also advisable that they be notarized to avoid having to "prove" the will in probate. You should consult a local attorney.
Alicia Santana Torres
Santana Torres Law Offices, PL
150 SE 2 Avenue
Miami, FL 33131
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