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    why should you make a WILL?

    +3  Views: 2271 Answers: 17 Posted: 12 years ago
    Bob/PKB

    If you really want a straight answer, contact an attorney or a legal aid office and ask for some information. They can provide you with laws regarding estates and what happens if one dies without a will. Yes, they ARE lawyers, but most of the information will be correct. ASK QUESTIONS.

    17 Answers

    Mainly to prevent your assets and estate from going to the State.

    mycatsmom

    with a will, it still goes thru probate court; and that is time consuming and expensive for your heirs

    AS ROMOS said get it done quickly

    Mainly to piss everyone off and make em fight for any  assets you might have.

    Colleen

    Moderator
    That's about right.
    Poppy3

    Darci13 - Once it went through my mind to have a video - saying "sorry folks all to the animal and kids homes" as none of my family really needs it.
    Darci13

    Sounds like a winner to me rather that the animals have it myself.
    sawali

    You have not answered the question - only broughtforth your ignorance on the subject. Sorry that Colleen has also joined in! I am not surprised. Wills are not NEVER made to PISS off people!
    Colleen

    Moderator
    Sawali stop with the women hating and the sour grapes attitude. In your country you are allowed to treat women like dirt. Here on akaQA you are not. Lose the attitude. People fight over will dispersion all the time. Step into reality.
    sawali

    Colleen, where do women come in the picture? It is ok to be ignorant on the subject-even you have so far not shown any brilliance on the subject.And then you say Will should be made.Yes that's correct.
    Colleen

    Moderator
    It's not just here, it's in all your posts all over the forum. The fact that you think you can talk down to women is quite evident in a lot of your comments. Yesterday, you asked if we could all get along and not fight for a week and then you proceed to talk down to the females who answered this question, calling them ignorant. You snidely pointed out, "Sorry that Colleen has also joined in! I am not surprised" WTH is that? Adding "even you have so far not shown any brilliance on the subject" and you can't understand why I say you need to lose the attitude? Anymore direct insults or speaking down to people or threatening to remove points for their answers and you will find yourself on a vacation from akaQA for a bit. Now I understand you have an issue with listening to women because in your country and your beliefs, women are kept at the level of animals but you will not keep that belief or attitude here on akaQA, it is not welcome here.
    Darci13

    I have been there in the so-called family that wants to do nothing at all but hold out their hand for any money that might exist. I was my Mom's main caregiver she had a stroke and after that was a total invalid and lived for over 3 years so when you've been where I've been with no help from anyone at all then get back to your pissing and moaning sawaii.....
    mycatsmom

    To Darci ---hahahha
    bluesman1951

    sawali In regards to wills and pissing people off . Why not ? Not everyone is in harmony before they go at least not here . Dont forget we are capitalists .Its like tossing meat to piranhas. My humble opinion here is :If you wish to decide where your things go MAKE A WILL. If you dont care then let the state decide . I think its that simple .A will allows you to decide thats it . Bill
    bluesman1951

    My instructions are as follows : Load everything in a uhaul combustible stuff in the back .Stop at the liquor store and get something to drink. Drive to a big vacant lot ,pull me out and pile the combustible stuff on top of me and fire it up .Play some music and pass the drinks. Give the rest of the stuff to who ever showed up .Some body mail that letter to the IRS saying I am gone and to kiss my backside . I hope they don't have a branch office on the other side .This is my will Bill

    Also as Romos said and to prevent arguments within family and your estate going to probate. As mel said get it done quickly - we all like me tend to procrastinate - I must get mine done. 

    sawali

    Probate is a different issue. Wills have to be probated and cleared thru the Courts before distribution if the estate is large.
    Poppy3

    sawali - how right you are probate happens only if the estate is over a certain figure - cannot remember how much this is but it is considerable.
    Colleen

    Moderator
    Probate happens in a lot of states in the US no matter how large they are. My grandfather's estate was small but still had to be probated.
    Poppy3

    Colleen here it is different - I recently had to help my Mother with her will and mentioned probate to the solicitor - she doesn't have so very much and he said it would not go to probate. I must check regarding mine.
    Colleen

    Moderator
    Yes, I know it is different in other countries, that's why I mentioned I was speaking from the US point of view.
    Poppy3

    Colleen - I understand - this was somewhat traumatic as my Sister and Mother has fallen out already because of this - my Mum is 91years and was hurt by her actions and she asked me go to the solicitor with her. My Sister is a millionaire and wanted so much from my Mother and decided to make her will for her - my Mother was so hurt and still is. We are three children and my sister is the youngest and has been abroad for over 35years. I will check what the figure is re probate as even my cousin says will laws are different in Scotland.

    The best way as far as Australia is concerned in my opinion is to make your will in the office of the Public Trustee.. This person can help and guide you through some of the pitfalls of will making.This is a free service.


    You should have a fully legal will so that after you die your estate can be devided in the manner you want, if you do not have a will your estate will be devided among your children or if no children your siblings.


    If you wife is still alive and you have no will she automaicaly gets the total estate.


    I further suggest you appoint the Public Trustee as the Executor, that is the person/s who ensure the terms of your will are "executed" as you wish. This is a low cost fee based on the size of your estate and you will be given an approximation of the costs at the time you make your will.


     Why the public Trustee as Executor?


    Totaly independant, no predjudice for or against anyone, this is rarely the case when you appoint a friend or family member as executor.

    so  your kids won't fight over your property. Better than making a will , is to make a  living trust. Because a will still goes thru probate court. With a living trust, upon your death, your money adn property goes straight to your heirs who you choose. And with a living trust, you pick someone to be your medical advocate, andsomeone to be  your power of attorney. It can be the same person for both.It's revocable....which means you can change  your mind about who you picked for those positions; and it means that when you become well enough to do your own paper work again, the power of attorney has to back off.

    sawali

    I don't think Living Trust is a SUBSTITUTE but is good in addition to a WILL. The Power of Attorney is not effective once the "power giver" dies. Good point mycatsmom.

    So the government doesn't get it all.

    ed shank

    I recently inherited some property. I managed to sell it at a fair price. The government ended up with 30% when all was said and done. Found money, yes, but this is nothing short of legal theft.
    Colleen

    Moderator
    I agree Ed, 100%.
    sawali

    ed shank I am sure you don't begrudge 30% to the govt. because no tax was paid on the capital gains. If no body paid tax, THE SO CALLED American Dream would ONLY be a dream. And Colleen also likes what the country has to offer but pay no tax? 70% in your hands is pretty good!
    Colleen

    Moderator
    Taxes are too high. We get 0 benefit from such high taxes but the lugs on capitol hill have all the benefits and fat bank accounts. You're in Canada, why are you involving yourself in American taxes?

    Off topic: Do you happen to know where the American/Canadian Board of Education is?

    You seem to be the ultimate expert in which case why did you ask this question? just  to piss off the akaQA istas that bother to answer/(possibly help you)?

    sawali

    You seem to be responding to the question to gain Karma points or something. If you have nothing to contribute in terms of knowledge, DO NOT ANSWER - it ok! For the responses of this nature, points should be taken away - may that would be my next suggestion.
    Colleen

    Moderator
    You seem to be stomping your foot again sawali. Put out an attitude that everyone can see and you will get attitude back.

    BLIMEY< GLAD YOU LOT ARE NOT MY RELLIES< HERE YOU GO ALMOST RIPPING ONE ANOTHERS THROATS OUT OVER A SIMPLE QUESTION WHICH APPEARS TO HAVE GOTTEN LOST IN THE TURMOIL>
    STICK TO THE POINT FOR CRYING OUT LOUD>


    Point for Ed, in the GReat South Land your family can refuse your cremation if you have not put in your will that you want cremation. Same goes for organ donation.


    No romos not that sort of organ, bodily organs.

    Colleen

    Moderator
    How many questions here do you see that stick to the point? If that were to be an enforced rule, no one would be here. We'd be generic with only mechanical canned answers. Might as well be wiki-answers then and never speak to each other.
    sawali

    Agree with you. By trivialising just as Colleen has done, this becomes a 3rd rate forum. What's the point of asking a question when the responses are off the wall. The questions are not asked for a useless responses. A bit of humour may be ok but to say the answers will be 'generic, only mechanical etc shows the lack of respect for this forum as we see only a few regulars of the 177000 participants- pathetic. THIS FORUM HAS THE POTENTIAL TO BE AN ACKNOWLEDGE AND RESPECTED LEADER.
    Colleen

    Moderator
    Oh quit your whining sawali. It's a free site with volunteers. You want perfection? Go to a site where people pay for answers. 3rd rate would be if you saw nothing but sex and vulgar questions. Do you have nothing better to do than try and show people what a bad moderator I am? You could not handle what I do here so quit yer b!tchin. If you have a complaint about me, send it to the admin via the contact link. They do not acknowledge on forum complaints about any of their moderators. They will however shut you down if you continue to try and make a moderator look bad because said moderator does not play by your rules.
    PEOPLELOVER

    Could not agree more Colleen about inforced rule only to answer questions but this one got well past the bounds of side swiping.
    In my humble opinion that is , why don`t you bugger Sawali off? or would that be seen as politicaly incorrect.
    Bugger politicaly correcl tell him to shape up or ship out. Idiot.

    I own nothing. My body is to be cremated and ashes to a river. Nothing is in my name. The money I have on my person is the property of my OL. The clothing I wear belongs to local charities. Thus I have no need for a will.  

    Bob/PKB

    That is what you think; if you've not made your requests well-known and given someone some right to oversee your remains and whatever you have (no matter how much or little), don't count on it.
    robertgrist

    My OL has power of attorney.
    mycatsmom

    Like Thoureau said, '' My riches are many, b/c my needs are few ''
    mycatsmom

    Robert, What's an O L .....an old lady ? ....your woman ? Are you a biker or former biker ?
    robertgrist

    Bob, My attorney says No Problem. My OL ( old lady ) (from former Hippie days) is delighted with her situation and has a will in place that covers everything nicely, including my part.

    To prevent your survivors fighting over any assets you might have left, save them time and money.

    Colleen

    Moderator
    They can still fight a will. It has happened and wills have been tossed out. A will should be made out in any case though.
    Bob/PKB

    My best friend was the executor for her parents' estate. Her brother (and one dumb sheep sister) fought her tooth and nail for several years. They managed to eat away at the assets like termites in a tree. My friend persevered in executing the estate as her parents wished; it literally made her ill.

    I wonder if Sawali is a Muslim? If so he will base his opinions on the Islamic rules on inheritance.


     Sura 4:10  'A male shall inherit twice as much as a female. If there be more than two girls, they shall have two thirds of the inheritance...................................But this is the law of God; surely God is all-knowing and wise'.

    ed shank

    Kind of reminds of how our government doles out our money.
    sawali

    Colleen, isnt this a religious comment from ndplume and you THE MODERATOR quickly say yes. How did you know? 1. it is none of anybody's business.2. I am more intelligent than some 3. Participants are looking for answers not your belifs or non-beliefs. 4. Things like what you do confines participants to JUST A FEW regulars. I think the Administrators ought to know about this.
    Colleen

    Moderator
    He is questioning your faith to understand where you are coming from. This is not a religious comment designed to preach or attack a belief. You get offended if anyone mentions the Muslim faith and your name is Saw Ali. That pretty much announces to all what your faith is. If you truly feel you have something to be offended over, click the abuse link.

    " 2. I am more intelligent than some "

    3rd graders?

    " 4. Things like what you do confines participants to JUST A FEW regulars."

    Things like what? Explain this.
    eggplant

    That is true, women are nothing over there.
    nomdeplume

    OK sawali, I suggest you put out a fatwa against me for using the word 'muslim' and quoting the Koran.

    sawali,its a no brainer.Make a Will so after you die your estate passes on to who you want it to.In my case my son gets all my material possessions.My late Aunty died intestate,distant family who didnt even know her received part of her estate.If my son predeceases me,ill change my Will and the whole lot goes to charity.F*** DISTANT RELATIVES WHO NEITHER KNOW NOR CARE ABOUT ME!

    sawali

    That's exactly why a Will is made. Pissing off people is not the purpose of the Will.
    Colleen

    Moderator
    Sometimes they are.

    Sawali, you said, "Wills are not NEVER made to PISS off people!" 


    This is not true. This is actually the ultimate revenge a person can have on family members they did not get along with. They can leave them nothing or leave them a dollar just to really insult them and the whole purpose is to pi$$ them off and have the last laugh. This has happened many times throughout history. A will can be a tool of revenge. So, why make a will? This could be one reason and it applies to Darci's answer that you called "not an answer". People here do not have to respond according to your rules. I've told you this before. If you do not like the answers because they do not match yours, do not ask the questions. 


    You can not say I'm off topic either as I quoted your own posted words. 

    mycatsmom

    my late husband wrote his son OUT of his will.If you want to leave someone out of your will, you have to mention it and their name in the will. Just saying
    Colleen

    Moderator
    Your point? (Which I'm sure is off target to my point as usual, just sayin'), but your point is?

    If you knew you were going to die on a certain day, you would have time to give your stuff to who you wanted, and make plans for your minor children to live with someone you trusted to care for them.  You could establish a trust for their educations and otherwise take care of business before your passing. By making a will, you ensure that will happen.


    In the U.S.A., a person who dies "in testate" (without a last will and testament) has a court-appointed conservator-type person to oversee the disbursement of the estate.  My aunt died without a will, but I was her conservator during her life, so the responsibility became mine.  Had she a living spouse, he would have inherited everything.  EVERYTHING.  She was a widow.  Had she children, they would have evenly divided everything,  EVENLY.  She had no children, so no grandchildren (who would have inherited had their parents been deceased).   HOWEVER, if she'd had 2 children and one was still living, the other one deceased with 3 children, the estate would be divided as follows:  1/2 to the living child.  the remaining 1/2 would be divided equally among the 3 children of the deceased child.  If one of those 3 children was deceased but had 2 children living, the portion 1/3 of 1/2 (1/6) of the estate would be divided equally between those two children.  
    As it were, my aunt's estate was divided among her living siblings and the children of her deceased siblings.  One sibling was deceased but had no children.  Another was deceased with one surviving child.  The hardest part was finding the six children of my aunt who had died back in 1956 (this was 1993).  One of them had changed her name.  I found her through my uncle who had seen her "new" name in a news article.   
    She was a piece of work, full of rage and rant, scathing remarks about  everyone.  With all the scorn, you'd think she'd return the cashier's check....... you'd have thought wrong.

    sawali

    Bob/PKB so that's why WILL is necessary and important. Well expressed experience.



    pioneer2

    Bob/PKA: It looks to me that you as the conservator chose to disburse the money as if your aunt had a will.

    I don't think you had to follow the rules you laid out above. Unless you were instructed to do so by the court. Then you would.

    Thats the value of having a will. Either you have one or the State has one for you.

    Bob/PKB

    pioneer2, IF my aunt had had a will, I can guarantee you it wouldn't have been like what I had to do because she DIDN'T have one. It wasn't up to me to decide how much was going to whom...the State of California told me who was getting what. In addition, I was represented by an attorney while I was the conservator, as required by law. Why on earth would you think I would BS about this? But you're right...either you have a will or the state will have one for you.

    i guess their's no point in making a will if you got nothing to leave , nor anyone to leave it to. my will is that of gods..

    Colleen

    Moderator
    You have no house or family? I thought you did. You are speaking of two different wills. I know they sound the same but each are different in their own way.
    daren1

    no kids and i rent a house, made some bad investments financialy..
    Colleen

    Moderator
    I always thought you were married and had kids and grand kids. My mistake, sorry.

    ""You have a little potty-mouth sawali. Poor wife/wives.

    sawali

    what is it that you found in bad taste for you to open your foul mouth. AND CAN'T SOMEONE ASK YOU TO PUT THIS CARTOON LIBRARY IN GARBAGE?- that's what it is. You hide behind that, contribute mediocre stuff, if that, and show your Date of birth as 1900!
    Colleen

    Moderator
    What do you have to contribute sawali other than questions that become a drama field for you while you go around foot stomping over the answers if they do not agree with yours?
    sawali

    Colleen isn't eggplant capable of responding? why have you taken over?
    Colleen

    Moderator
    I have not taken over, Eggplant can reply if she chooses. I was making a point since you seem to want things only your way here. You can not point fingers when you are guilty of the same.
    eggplant

    Well, I was born in 1900, so what? Is that a sin sir potty? You can't stand women having a say, can you? Control your temper sir. I'm not the only one who puts pictures on here. At least we know how to laugh. You must be a sick old person who gripes a lot. I know what's wrong with you, I told you about a sentence you wrote which was all wrong and made no sense at all. Not only that, you also had wrong puncuation. We all get on this site to enjoy ourselves. There are some very nice people on here and you are not one of them, sir.
    eggplant

    My age is none of your business, son.
    eggplant

    I haven't been on all day, till now. Some people work.
    eggplant

    Coward...


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