My mother-in-law is 87, in a NH, with no appreciable assets. 2 grown sons, no spouse. Does she need a will?
Answers:
Without a will, her assets get resolved according to the intestate succession laws of her state.
With a will, the process works much more smoothly.
But there are form wills that are available which make it really simple and inexpensive to create a will, so it's not more than an hour or two's effort and the cost of a notarized signature.
Everyone needs a will. See an attorney, he will ask the appropriate questions, and you'll be surprised how important it is.
She doesn't need a will, but it will make the process a lot easier. She can just fill in the blanks on a model will and get it notarized. No need for an attorney in her case.
If she has no will, her estate will go through probate and the state laws will decide what to do with her belongings etc. If no-one cares about those things, then she doesn't need to have a will.
Wills make things a little easier for those left behind.
If she actually has no signifficant property, monies, and you can be civil when it comes to dividing her belongings, then no, she doesn't need one.
A will is always a better idea because it tells the descendants what the intent of the testator is. However, if she has no real property she can get away without a will. For example, bank accounts, IRAs, automobiles, etc. can be owned in joint tenancy with right of survivorship. That is a person can be named to inherit the property should the owner pass away. The same can be done with real property IF the owner has another persons name on the deed in joint tenancy with right of survivorship. If the deed does not include the phrase "survivors or his heirs" then the laws of intestacy apply to that piece of property. In other words, a probate action must be filed to determine who the decedents heirs at law are and how the property is to be distributed.
In many states a holographic will is acceptable. This is a will that is: a) hand written; b) dated; and c) signed by the testator and which states final wishes of the distribution of their property. You should check with a lawyer to see if this is true of NH.
Most importantly, the on-line will forms that can be purchased are TERRIBLE! They do not take into account specifics of state law, which is controlling in will and probate matters.
Good luck.
Oh yes she does. Anything of value she has, bank accounts, iras will be subject to probate upon her death. Also if going into a nursing home they will take it. If she is cogniscent and of sound mind and body have her get a will and put an executor on it. Print one off the net...and have the sons review it. Wills protect the living not the deceased, but the state will get whatever there is. Good luck hope that helps
If she wants one yes.
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