Archive for the ‘Law & Ethics’ Category
September 8th, 2011 | 
Author: I had a oridgional last will and testament that my husband and I signed at the lawyers office and it was noterized. Now we have lost the ordigional. I do have a photo copy of the oridgional including the noterizing, our signatures and witness signatures. Can I take that photo copy and sign it again with ordigional signatures and have it noterized and witnessed and make it a legal copy that i can use?
Sofia Lorance
OK, I really need some help… a website, your personal experience or a lawyer you may now that is familiar with colombian laws. My father recently passed away (in Colombia) he didn’t leave a will or testament so they’re just going to split whatever little he had between his first wife, myself and my 8 half brothers and sisters. I’ve been putting this off for a while bcuz I could care less about a couple of grand I may get but now it’s about the morals of the situation. I sent over a power of attorney to my aunt to act as me and make all my decisions and sign paperwork etc. etc. with anything related to the division of his assets….now the lawyer in Colombia taking care of this case is saying that the power needs to be in his name and that only he can act in my name in a situation like this…No offense to any lawyers out there but this sounds extremely fishy to me (like your going to steal my money and run because I dont live there kinda fishy) and most lawyers are thieves and rats. I don’t know what to do and I dont want my dads hard earned money to go to a thief and I have no reason to trust him. I mean if I were there I could sign for myself so whats the difference in me giving my aunt the power to act as me?…It just doesnt make any sense. So anything you may know will be very helpful and greatly appreciated.
Dianne
I want to pass the legal power of my granted U.S. patents to my brothers, uncles, aunts, nephews, etc., because I want them to take the absolute power for its selling, licensing, or whatever they think is better.
My question is: what is that? I mean, how, what is the name of that legal field, area, venture, or testament (will)?
I have weak knowledge and weak determination to treat sellers so my family can sell it, and at the same time be patent trolls as long as the patents duration.
Where in the Internet I find that specific area by name and ramifications?
Johnnie Hidvegi
Irrevocable trust of my grandfather and grandmother, both of which have passed. My uncle whom I do not talk to is the trustee. The will and testament left 4 of us grand kids an amount of money. My uncles lawyer is stating that there is not enough money in the estate to pay for everything. He said it may just be enough for funeral costs…but my grandfather was cremated… In any case, it seems like the lawyer and my Uncle are trying any way possible to ensure the money is not distributed to any of the gran kids.
From reading the trust ( which is hard and full of legal speak) is it possible that it says that the bequests are to be paid from the trust if there is not enough in the estate? Here are the paragraphs I am referring.
Upon the death of the Grantor (grandfather), the estate shall be applied in the following manner:
1. The trustee shall, at the written request of the executor or administrator of the probate estate of the Grantor, should the assets of the probate estate be insufficient to pay such amounts, pay to the said executor or administrator any and all reasonable sums necessary or required to pay the cost of any funeral and burial expenses, debts, administration expenses, allowance for support, and all state or federal estate or inheritance taxes, if any together with penalties and interest there on payable by reason of the grantor’s death in respect to the assets of this trust, or any other assets that may be taxable to such estate.
2. The trustee may, at the written request of the executor or administrator of the probate estate of the Grantor, should the assets of the probate estate be insufficient to pay such amounts, pay to the said executor or administrator any and all reasonable sums necessary or required to pay any specific monetary bequests made in my Last Will and Testament, after the items specified in 1 above have been provided for.
My uncle is the trustee and the executor. I have to speak to his Lawyer tomorrow to find out what is going on, and if he again tells me there is nothing left, what do I do? Can I ask for a court accounting of the estate?
Myrtie Rudiger
Because time constraints i need to write my last will and testament in a hurry. I’m using a free internet template without legal advice because of my very low income. Part of this template includes the following, what does it mean? It has well and truly lost me.
“I direct that the inheritance devolving upon any of my children under my last will and testament as well as the proceeds, the reinvestment of such proceeds and the income thereon shall be free from the legal effects of any present or future marriage of any of my children, whether in or out of community of property including any accrual system and with or without the presence of any premarital agreement”
Refugio Hibbs
“Wills and Testaments
Wills and Testaments help you to carry out your wishes even after your death. This article contains information vis-à-vis Wills. It briefly explains legal wills and its contents and testament templates.
Wills and Testament
Will or Testament is a legal instrument whereby a person (testator) creates in order to make decisions on how his or her estate (which may include both personal and real property) will be managed and distributed after his or her death.
In the strictest sense, a “”"”will”"”" has historically been limited to real property while “”"”testament”"”" applies only to dispositions of personal property (thus giving rise to the popular title of the document as “”"”Last Will and Testament”"”"), though this distinction is seldom observed today.
Importance of Will
This is a bullet-point summary of reasons:-
• You choose your own executor to carry out your wishes
• You appoint a guardian for your minor children and children yet unborn (Especially for a mother to appoint a father who does not already have parental responsibility. For further information click here
• You decide who is to inherit your property and (sometimes) at what age
• You avoid an intestacy and rules which can send your property in unexpected directions (even to the government)
• A will can provide flexibility and cost control in administering your estate
• (Sometimes) opportunities to minimise inheritance tax
• Avoids much uncertainty and anxiety and drawn-out procedure for your family
• Enjoy peace of mind!
What happens if I die without a Will?
The law sets out clear rules for what happens to your estate – property, personal possessions and cash – if you die without a Will. Passing away without a Will is known in legal terms as dying intestate and the rules that govern the distribution of the estate in such circumstances is known as the law of intestacy.
Requirements for a Valid Will
For a Will to be valid:
• A Will must be in writing
• A Will must be signed by the testator.
• The testator must understand the consequences of their actions..
• There must be no undue influence, coercion or duress on the testator.
• A Will must be attested (signed) by two or more competent witnesses who actually saw the Testator sign the Will.
• Witnesses must sign the Will in the presence of the testator.
• The Testator must have the present intent to make a Will. This simply means that the testator is intending to make their Will at the time and not, for example, intending to simply draft a pretend Will to use as an example for some other purpose.
• Testator must be at least 18 years of age.
• The testator must be of sound mind and competent to make a
Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.
As soon as the will is signed and witnessed, it is complete.
What should be included in a Will
Before you write your will or consult a solicitor, it’s a good idea to think about what you want included in your will. You should consider:
• how much money and what property and possessions you have
• who you want to benefit from your will
• who should look after any children under 18 years of age
• who is going to sort out your estate and carry out your wishes after your death – that is your executor
Who are Executors
Executors are the people who will be responsible for carrying out your wishes and for sorting out the estate. They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes and funeral and administration costs out of money in the estate. They will need to pay out the gifts and transfer any property to beneficiaries.
Change of Circumstances
Here are some events that should nudge you toward making a new will and reviewing beneficiary designations you’ve made for insurance policies, bank accounts, and retirement accounts.
online wills
http://www.netlawman.com.au/bizdoclist/will-australia.php
will and last testament
http://www.netlawman.com.au/bizdoclist/will-australia.php
australian legal will
http://www.netlawman.com.au/bizdoclist/will-australia.php
online will
http://www.netlawman.com.au/bizdoclist/will-australia.php
Carlota Wommack
“Wills and Testaments
Wills and Testaments help you to carry out your wishes even after your death. This article contains information vis-à-vis Wills. It briefly explains legal wills and its contents and testament templates.
Wills and Testament
Will or Testament is a legal instrument whereby a person (testator) creates in order to make decisions on how his or her estate (which may include both personal and real property) will be managed and distributed after his or her death.
In the strictest sense, a “”"”will”"”" has historically been limited to real property while “”"”testament”"”" applies only to dispositions of personal property (thus giving rise to the popular title of the document as “”"”Last Will and Testament”"”"), though this distinction is seldom observed today.
Importance of Will
This is a bullet-point summary of reasons:-
• You choose your own executor to carry out your wishes
• You appoint a guardian for your minor children and children yet unborn (Especially for a mother to appoint a father who does not already have parental responsibility. For further information click here
• You decide who is to inherit your property and (sometimes) at what age
• You avoid an intestacy and rules which can send your property in unexpected directions (even to the government)
• A will can provide flexibility and cost control in administering your estate
• (Sometimes) opportunities to minimise inheritance tax
• Avoids much uncertainty and anxiety and drawn-out procedure for your family
• Enjoy peace of mind!
What happens if I die without a Will?
The law sets out clear rules for what happens to your estate – property, personal possessions and cash – if you die without a Will. Passing away without a Will is known in legal terms as dying intestate and the rules that govern the distribution of the estate in such circumstances is known as the law of intestacy.
Requirements for a Valid Will
For a Will to be valid:
• A Will must be in writing
• A Will must be signed by the testator.
• The testator must understand the consequences of their actions..
• There must be no undue influence, coercion or duress on the testator.
• A Will must be attested (signed) by two or more competent witnesses who actually saw the Testator sign the Will.
• Witnesses must sign the Will in the presence of the testator.
• The Testator must have the present intent to make a Will. This simply means that the testator is intending to make their Will at the time and not, for example, intending to simply draft a pretend Will to use as an example for some other purpose.
• Testator must be at least 18 years of age.
• The testator must be of sound mind and competent to make a
Although it will be legally valid even if it is not dated, it is advisable to ensure that the will also includes the date on which it is signed.
As soon as the will is signed and witnessed, it is complete.
What should be included in a Will
Before you write your will or consult a solicitor, it’s a good idea to think about what you want included in your will. You should consider:
• how much money and what property and possessions you have
• who you want to benefit from your will
• who should look after any children under 18 years of age
• who is going to sort out your estate and carry out your wishes after your death – that is your executor
Who are Executors
Executors are the people who will be responsible for carrying out your wishes and for sorting out the estate. They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes and funeral and administration costs out of money in the estate. They will need to pay out the gifts and transfer any property to beneficiaries.
Change of Circumstances
Here are some events that should nudge you toward making a new will and reviewing beneficiary designations you’ve made for insurance policies, bank accounts, and retirement accounts.
online wills
http://www.netlawman.com.au/bizdoclist/will-australia.php
will and last testament
http://www.netlawman.com.au/bizdoclist/will-australia.php
australian legal will
http://www.netlawman.com.au/bizdoclist/will-australia.php
online will
http://www.netlawman.com.au/bizdoclist/will-australia.php
Lewis Purdin
Posted in Law & Ethics | 
Tags: Dispositions, Personal Possessions, Unexpected Directions | 
2 Comments »
My wife’s mother has recently passed away, whilst she was still alive she always said she had left my wife a couple of personal possessions. We know she had a will but we don’t know who her solicitor was. My wife’s step father is dealing with everything else but it would be in his interest not to have the will read, so my question is how do we make sure he contacts the solicitor and gets things moving?
We don’t want to ask him, as not only is it a bit insensitive he would probably lie to us and say she didn’t have a will.
Curtis Asmar
Is there a time you have to collect the item(s) or monies? I was told by a cousin my aunt from Arizona died and left me something but never told what… She died about 1 month ago now and I never heard anything since. Today my bother told me there is going to be a get together in Arizona tomorrow (less than 12 hours notice). The weird thing is my sister said he was supposed to tell me weeks ago. The whole thing is weird. My husband says go but its such last minute and I don’t want to deal with finding out they are hiding will information/property. I have a couple questions:
Is there a time frame that you have to collect items from a will?
&
Is it possible to be on someones will and never know or be informed after the death (because it was hidden or some other mistake)?
&
How do you know a will and testament is being followed?
I ask because my grandpa died about 2 years ago now and the whole thing was awful. My grandpa had cancer and died at home. During this time people stole his property and his second wife even tricked him into signing a piece of paper that changed his bank account from him and the trust to just her. The property that was stolen was never found and they said he never owned a gold coin collection even though his best friend and coin shop owner knew he had quite an extensive collection. Furniture was moved from the house so by the time the trust person came to collect and divide things according to the will most was gone. Obviously bad things can happen, is this sort of thing a common occurrence? There was a lawyer involved for the writing of the will originally but the person in charge of dividing was one of his daughters so there really was no checks and balances in the family at all. The real threat came from the second wife and her family. They threatened him by saying they would divorce and easily take half leaving nothing to his family so he stayed and spent over $600,000 redoing the house he bought her. On his death bed, his second wife said awful things to him like “just die already”, “I’m going to go dancing after you die”, “I never loved you”, etc. She abused him for years. Also when he was at home in bed, my step grandma’s son’s wife was taking ‘care’ of him as a doctor. While I was visiting I saw her put multiple fentynl patches on his chest and then later when the family was in the room she said it was time for his morphine shot. There later was a huge argument about her doing this to him and some of the family tried hiding the morphine vials. The doctor made comments about how he just needs to go, we need to let him go. Others were yelling you are not going to kill my father like this, he will go when he is ready…She removed herself as doctor shortly before his death but the whole thing just wasn’t right. There was mention that she would have no explanation for removing the bottles from the hospital too..I just don’t want to go through that again. It was two years ago but It changed the whole family. He voiced that he knew it would too.
Mac Melodia
If a minor inherits something from someone’s last will and testament, what happens? Is there any way for the minor’s legal guardian to NOT end up in charge of the estate? And if the minor’s parent/guardian doesn’t control the estate, who does?
Thank you all for your responses. But what is a legal trust? Is that a person, like a lawyer?
Page Blachly