Yes, you have to have a will or else it can be taken by the govornment or distributed to someone who shouldn't have it. Just because you know what she wants doesn't mean the courts do. Therefore if you want her wishes to be fulfilled make sure she signs a will.Must my mother sign her will if she is too ill to do so, but I know what her wishes are?
You need an attorney who is versed in the laws regarding wills and estates in your jurisdiction.
In general, if you can get your mother to write out her will in her own hand, it will be valid (in most but not all states) as a ';holographic will';. It may be as simple as '; I, __name___, leave my entire estate to _____your name____, signed _her signature___.
HOWEVER.....I *strongly* suggest you check with a lawyer as laws relating to wills and probate vary from state to state. A holographic will may not be valid in your state, or may have other requirements to be valid.
If she can't write it out, then you need to have a formal will, that is witnessed by two other people, who should not have a vested interest in the will. (that means two people willing to sign that they saw your mom sign the will and they generally should not get anything under the will.)
If she's as sick as you say, you may have problems. If she can't think clearly (due to medication, etc.) or cannot communicate her wishes clearly, the state may invalidate the will.
Get a lawyer, it's cheaper and faster in the long run than having to have a probate fight.
PLEASE NOTE: A Power of Attorney is NOT the same as a will, and in most jurisdictions will not be suffcient to handle the distribution of your mother's estate. Without a will, your mother's assets will go into probate, and that can take a loooong time.
ALSO - a notary is not suffcient. People tend to view a notary as some sort of magic wand. In reality, it has little effect. I fyou get a notary to sign a ';will';, in most jurisdictions it will have no more legal significance than having a witness sign.
LASTLY - if you are in CA, I recommend you check out NOLO Press. It is a series of self-help legal books written by attorneys for lay people. They can be found online and at most major bookstores in the ';law'; section. I don't know if they have materials for states outside of CA.
Good luck, and I'm sorry to hear about your mother.
NOTE: This is not legal advice. I am not your attorney. We do not have an attorney-client relationship. You should not rely on this advice. You should get yourself an attorney licensed to practice in your state. (This is for the nice people at the State Bar.)
she can sign with an X as long as a witness and a notary is present.
social services will put you in touch with the hospital ombudsman who can witness her wishes
Im not entirely sure, but I think she would need to give you power of attorney.
Not to my understanding....pretty much too late....it will probably just have to go through probate now....
In every state that I'm aware of, she must sign the will while she is in a cognizant state. The reason being, anyone can come in at this time and say what her ';last wishes'; were. Most often, the person sating this is the recipient of most, if not all of the estate of the deceased. You should check with a probate lawyer for the specifics where you live.
The lawyer may go to the hospital with you and by by the eye -blink method of one for yes, two for no, be able to dtermine if ';these statements are in fact your true wishes..'; if this were to occur, you would need witnesses that had no stake in the inheritance. See a probate lawyer.
you need to talk to an estate lawyer, in fact you should already have one involved in drawing up a will. in many cases, you can have a number of witnesses sign a statement that they have heard her state her wishes. but its different for every state.
Well i am sorry that your mom is ill . Um well maybe you can see maybe if she can sign it like maybe do you have a stamp with her name on it or maybe you can sign it with your mom's permission. Hope your mom get's well!!!!!
If your mom is already very ill and does not have a power of attorney or will in place it will be much more difficult. If there are real assets such as real property, vehicles, bank accounts, etc. She will have to sign the will and usually you have to have witnesses and notaries for the will to be legal ( I know a guy above suggested that you type one and have it notarized, you need to be careful b/c many states require at least 2 witnesses in addition to the notary. I work for an attorney and we have many will brought in that are declared not lawful b/c they are notarized but not witnessed. Also, witnesses cannot be related to your mother or named as a beneficiary of the will). Some notaries will not sign if they believe the person is too ill and/or being taken advantage of (I'm not saying this is the case merely that some notaries and attorneys for that matter are VERY cautious and rightfully so.)
To make a will, your mother must be able to demonstrate that she has what is known as ';testamentary capacity.'; That means she has sufficient mental capacity to understand what she needs to understand to make a will. If your mother cannot answer questions, how do you know she understands and how can she demonstrate capacity?
A will can be challenged on the basis of a lack of capacity and set aside if the court finds that there was not sufficient capacity. In addition, if you are found to have ';helped'; her create a will when she did not have capacity, you can count on some legal problems -- certainly civil and possibly criminal -- for yourself in addition to having the will set aside.
Your mother must sign her will in the presence of two witnesses, ideally who are not taking under the will. That is the law in BC and likely the law elsewhere in Canada.
My advice is to get a lawyer involved so you can be sure capacity is properly tested and documented and so you can be sure the will is properly prepared in other respects. Do NOT use a will kit. They are known in legal circles as ';litigation kits'; because of the number of law suits arising from them. Wills are not at all expensive (except if the estate is complicated) and the cost is well worth the savings in worry and future problems.
only if another people can testify,and a lawyer made a protocoliced statement.
Yes you can type one up and have her sign it. Otherwise her wishes will not occur. The house and the money will go to probate and be held by the state. It will be heavily taxed. The correct way is to have a living trust drawn up. It may be too late if she is this far gone. You need to act quickly. A will written in her own hand supersedes a will that is typed but a typed signed will will work fine get it done and notarized.
Get a lawyer, but a court may have to determine her state of mind.
If she can't answer, how do you know she hears or understands?
You can get power of attorney...
No comments:
Post a Comment