Comments on: Is your Hand Written Will Unenforceable? Does your State Recognize Holographic Wills? http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/ Elite Personal Finance and Estate Planning Information for Everyone Tue, 16 Mar 2010 05:21:06 +0000 hourly 1 By: Montrece http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/comment-page-1/#comment-7823 Montrece Mon, 01 Feb 2010 01:38:50 +0000 http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/#comment-7823 I am looking at creating my first will. I am short on funds but feel that I should take this step. Please give me advice on how I should go about finding a good atterney and how much the normal cost for creating a will should be. Thanks! I am looking at creating my first will. I am short on funds but feel that I should take this step. Please give me advice on how I should go about finding a good atterney and how much the normal cost for creating a will should be.
Thanks!

]]> By: My Journey http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/comment-page-1/#comment-4909 My Journey Thu, 17 Sep 2009 13:42:02 +0000 http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/#comment-4909 Mary, You are asking me about 2 states which I have never visited nevertheless studied their invidivual laws and procedures. 1) Most of the time (and I have to say MOST) probate is done where the person was domiciled not where they died. 2) I am not sure if your assumption of a 3 year SOL (statute of limitations) in Idaho is correct. Do you have a statute that I can see or is that what you heard? 3) and this is most worrysome for me...you are asking about a legal issue 2 years after you said probate was started? If you think something is up you need to see an attorney ASAP. I am sorry if this wasn't a help, but I would recommend seeking Counsel as soon as you finish reading this comment, waiting even a day is a bad move since your chances to object get smaller if not already non-existant. .-= My Journey´s last blog ..<a href="http://feedproxy.google.com/~r/myjourneytomillions/feed/~3/1DKPr6W1xRk/" rel="nofollow">How Can a QTIP help your Estate Plan?</a> =-. Mary,

You are asking me about 2 states which I have never visited nevertheless studied their invidivual laws and procedures.
1) Most of the time (and I have to say MOST) probate is done where the person was domiciled not where they died.
2) I am not sure if your assumption of a 3 year SOL (statute of limitations) in Idaho is correct. Do you have a statute that I can see or is that what you heard?
3) and this is most worrysome for me…you are asking about a legal issue 2 years after you said probate was started? If you think something is up you need to see an attorney ASAP.

I am sorry if this wasn’t a help, but I would recommend seeking Counsel as soon as you finish reading this comment, waiting even a day is a bad move since your chances to object get smaller if not already non-existant.
My Journey´s last blog ..How Can a QTIP help your Estate Plan? My ComLuv Profile

]]> By: Mary Donahue http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/comment-page-1/#comment-4902 Mary Donahue Thu, 17 Sep 2009 05:27:43 +0000 http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/#comment-4902 A deceased person died - in 1999 with a Holographic Will that lived in Idaho. No probate had taken place. Idaho has a 3 year Staute. can an attorney start a Probate process in 2007 in the State of Washington- 7yrs after the person was deceased due to Idaho has a Statue of 3yrs. The Deceased though lived in Idaho died just over the State Line in Washington...Can this be done to to file in Washington a Probate after being deceased since 1999.... and going on over 3yrs for the probate and now going after possessions of this person deceased 10yrs ago. Is this Valid? A deceased person died – in 1999 with a Holographic Will that lived in Idaho. No probate had taken place. Idaho has a 3 year Staute.
can an attorney start a Probate process in 2007 in the State of Washington- 7yrs after the person was deceased due to Idaho has a Statue of 3yrs.
The Deceased though lived in Idaho died just over the State Line in Washington…Can this be done to
to file in Washington a Probate after being deceased since 1999…. and going on over 3yrs for the probate and now going after possessions of this person deceased 10yrs ago. Is this Valid?

]]> By: My Journey http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/comment-page-1/#comment-4602 My Journey Thu, 20 Aug 2009 14:02:53 +0000 http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/#comment-4602 Currently, without a Will, in NY any asset not controlled by deed or contract (beneficiary status or payable upon death like many investment accounts) will pass up to your parents if you have no children and are not married. If that is ok with you then you probably don't need a Will. That being said there may be other benefits for your heirs if you have a will - clear guidelines of what you want, cheaper administration process, etc. Currently, without a Will, in NY any asset not controlled by deed or contract (beneficiary status or payable upon death like many investment accounts) will pass up to your parents if you have no children and are not married.

If that is ok with you then you probably don’t need a Will. That being said there may be other benefits for your heirs if you have a will – clear guidelines of what you want, cheaper administration process, etc.

]]> By: Rachelle http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/comment-page-1/#comment-4599 Rachelle Thu, 20 Aug 2009 12:43:12 +0000 http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/#comment-4599 I didn't know the term was Holographic will, but I was planning on doing the same thing. The thought of sitting with a lawyer and thinking about something so morbid really scares me. Well, since I'm a NYer there's really nothing else I can do but to seek an attorney on this matter... What age would you recommend considering a Will? I'm 23, and I really don't want to think about that until I have at least my first child...which is a ways out... .-= Rachelle´s last blog ..<a href="http://investingnewbie.wordpress.com/2009/08/18/spending/" rel="nofollow">Spending</a> =-. I didn’t know the term was Holographic will, but I was planning on doing the same thing. The thought of sitting with a lawyer and thinking about something so morbid really scares me. Well, since I’m a NYer there’s really nothing else I can do but to seek an attorney on this matter…

What age would you recommend considering a Will? I’m 23, and I really don’t want to think about that until I have at least my first child…which is a ways out…
Rachelle´s last blog ..Spending My ComLuv Profile

]]> By: My Journey http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/comment-page-1/#comment-4593 My Journey Thu, 20 Aug 2009 00:00:20 +0000 http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/#comment-4593 Charles, AMAZING STATEMENT: "Like the old ad for a mechanic, you can pay a lawyer now or your family can pay a lawyer much more later." The decedent saves a couple hundrend bucks on the drafting of the will and then the family complains when they get your bill. .-= My Journey ´s last blog ..<a href="http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/" rel="nofollow">Is your Hand Written Will Unenforceable? Does your State Recognize Holographic Wills?</a> =-. Charles,

AMAZING STATEMENT:

“Like the old ad for a mechanic, you can pay a lawyer now or your family can pay a lawyer much more later.”

The decedent saves a couple hundrend bucks on the drafting of the will and then the family complains when they get your bill.
My Journey ´s last blog ..Is your Hand Written Will Unenforceable? Does your State Recognize Holographic Wills? My ComLuv Profile

]]> By: Charles Kennedy http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/comment-page-1/#comment-4591 Charles Kennedy Wed, 19 Aug 2009 23:12:09 +0000 http://www.myjourneytomillions.com/articles/is-your-hand-written-will-unenforceable-does-your-state-recognize-holographic-wills/#comment-4591 NONE OF THE FOLLOWING IS MEANT TO BE LEGAL ADVICE. As a Texas probate attorney if my client's loved one was going to "save" money by not using an attorney the safest way is probably by writing a holographic Will. I am pretty much guaranteed to get a handwritten Will accepted by the Probate Court as long as the family can find two people who can identify the handwriting. It will probably have "issues", but it will get the named executor appointed and avoid most of the property passing by intestacy. The biggest reason (in my mind) to have a Will is to control who gets to receive my property. Most of the "kit" wills done by a layperson have drafting or signing errors. These naturally cost more money to fix when offered for probate. Some of the problems cannot be fixed. The more people with whom one has children, the more complicated the family relationships. Intestacy is the State's definition of who receives your property after you die if you have no Will. If you do not like that definition, get a competent lawyer to prepare one for you. Like the old ad for a mechanic, you can pay a lawyer now or your family can pay a lawyer much more later. Even more important than your Will is having good well planned and prepared Powers of Attorney. Powers of attorney protect you, the Will is what you do when you love someone else. NONE OF THE FOLLOWING IS MEANT TO BE LEGAL ADVICE.

As a Texas probate attorney if my client’s loved one was going to “save” money by not using an attorney the safest way is probably by writing a holographic Will. I am pretty much guaranteed to get a handwritten Will accepted by the Probate Court as long as the family can find two people who can identify the handwriting.

It will probably have “issues”, but it will get the named executor appointed and avoid most of the property passing by intestacy. The biggest reason (in my mind) to have a Will is to control who gets to receive my property.

Most of the “kit” wills done by a layperson have drafting or signing errors. These naturally cost more money to fix when offered for probate. Some of the problems cannot be fixed.

The more people with whom one has children, the more complicated the family relationships. Intestacy is the State’s definition of who receives your property after you die if you have no Will. If you do not like that definition, get a competent lawyer to prepare one for you.

Like the old ad for a mechanic, you can pay a lawyer now or your family can pay a lawyer much more later.

Even more important than your Will is having good well planned and prepared Powers of Attorney. Powers of attorney protect you, the Will is what you do when you love someone else.

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