I appreciate and learn from your column, and read it religiously. Several of your recent readers have asked you questions about wills or what happens when someone dies without a will. I would like to add my experience to the scenarios you have already addressed in recent months, as it adds to your discussion of the consequences of avoiding proper estate planning.
A court appointed attorney once called to inform me that my mother’s cousin died without a will. The deceased had no children, spouse or siblings. The estate was being divided on the basis of closest kin, which, in this case it was the deceased person’s six cousins.
An attorney contacted me. He was tracking down distant relatives of the deceased, because most of the six cousins were no longer living. In fact, only one cousin outlived the deceased person. The offspring of each deceased cousin were collectively awarded a share equal to 1/6 of the deceased’s estate minus court and attorney fees.
Therefore, after about a year from the onset of this person’s death, my siblings and I each received an inheritance of about $9,000. The one cousin who was still alive at the time was legally entitled to 1/6 of the estate, close to $60,000. The law does not take into account whether a potential heir deserves, or needs the inheritance, but rather uses subjective formulas, as anyone would expect.
Court documents
This makes sense, but I can’t help but feel that the deceased cousin would not have wanted the bulk of their estate to be awarded to this extremely wealthy cousin who was advanced in age and had a personal estate worth over $30 million. This person received the largest share of the deceased’s estate.
After the probate process ended, I requested a copy of the court papers to learn more about my distant relatives. That’s when I got an unexpected surprise: The court papers included a document labeled “last will and testament” signed by an attorney and by the deceased person, leaving their entire estate to my siblings and I, as our mother was the cousin with whom the deceased had been closest to.
When I asked the attorneys why they told me there had been no will, they pointed out that the will lacked a witness signature. My mother‘s cousin had wishes, expressed those wishes in writing, signed the written will in front of an attorney, but did not have the signature witnessed.
As I learned through this experience a signed will is not legally a “will” even if it is prepared by an attorney, and labeled last will and testament, unless it is also witnessed. Perhaps this is true only in our state but it was a shocking lesson.
I hope that individuals who think their handwritten signed notes will be sufficient think again, as you have so often cautioned. The cost of an attorney’s fee to prepare an official will is well worth the peace of mind it provides.
Yes I’d rather my hard earned savings go to people and causes that matter to me, and not to distant relatives who are so financially secure that they would not benefit from inheriting a portion of my estate. Preparing a will or trust allows us one final chance to make a difference for others. Personally, I’d like to get that right as my final act.
What is your take?
Glad to Have A Legal Will
Dear Glad,
Your story is both alarming and, I suspect, not that uncommon.
A trust and estate attorney once told me that she prepared the will of an extremely wealthy man, and when she visited his office, he showed it to her and where he kept it. He was happy with all of the time they had spent putting it together, and was glad he had finally divided his estate in a manner that he believed was fair and equitable, and reflected his wishes, charitable interests, and his relationship with his closest friends and relatives. There was just one problem: It was still in a sealed envelope where, he believed, it was safe. She pointed out the obvious and easy mistake, “You haven’t signed it.” If a person with millions of dollars can make such a mistake, who’s to say others forget the importance of their John Hancock?
You’re correct that the legal framework that determines whether a will is valid varies by state. In New Jersey, for instance, “A will must be signed by the deceased or by someone who had the authority to sign for the maker of the will,” according to Bratton Estate & Elder Care Attorneys. “The will must also be signed by at least two other witnesses. In order for the signature of these witnesses to be valid, the signees should add their signatures to the document as soon as possible. New Jersey will accept handwritten wills whether or not they are…
My cousin left his estate to 6 cousins, but only one received his inheritance
I appreciate and learn from your column, and read it religiously. Several of your recent readers have asked you questions about wills or what happens when someone dies without a will. I would like to add my experience to the scenarios you have already addressed in recent months, as it adds to your discussion of the consequences of avoiding proper estate planning.
A court appointed attorney once called to inform me that my mother’s cousin died without a will. The deceased had no children, spouse or siblings. The estate was being divided on the basis of closest kin, which, in this case it was the deceased person’s six cousins.
An attorney contacted me. He was tracking down distant relatives of the deceased, because most of the six cousins were no longer living. In fact, only one cousin outlived the deceased person. The offspring of each deceased cousin were collectively awarded a share equal to 1/6 of the deceased’s estate minus court and attorney fees.
Therefore, after about a year from the onset of this person’s death, my siblings and I each received an inheritance of about $9,000. The one cousin who was still alive at the time was legally entitled to 1/6 of the estate, close to $60,000. The law does not take into account whether a potential heir deserves, or needs the inheritance, but rather uses subjective formulas, as anyone would expect.
Court documents
This makes sense, but I can’t help but feel that the deceased cousin would not have wanted the bulk of their estate to be awarded to this extremely wealthy cousin who was advanced in age and had a personal estate worth over $30 million. This person received the largest share of the deceased’s estate.
After the probate process ended, I requested a copy of the court papers to learn more about my distant relatives. That’s when I got an unexpected surprise: The court papers included a document labeled “last will and testament” signed by an attorney and by the deceased person, leaving their entire estate to my siblings and I, as our mother was the cousin with whom the deceased had been closest to.
When I asked the attorneys why they told me there had been no will, they pointed out that the will lacked a witness signature. My mother‘s cousin had wishes, expressed those wishes in writing, signed the written will in front of an attorney, but did not have the signature witnessed.
As I learned through this experience a signed will is not legally a “will” even if it is prepared by an attorney, and labeled last will and testament, unless it is also witnessed. Perhaps this is true only in our state but it was a shocking lesson.
I hope that individuals who think their handwritten signed notes will be sufficient think again, as you have so often cautioned. The cost of an attorney’s fee to prepare an official will is well worth the peace of mind it provides.
Yes I’d rather my hard earned savings go to people and causes that matter to me, and not to distant relatives who are so financially secure that they would not benefit from inheriting a portion of my estate. Preparing a will or trust allows us one final chance to make a difference for others. Personally, I’d like to get that right as my final act.
What is your take?
Glad to Have A Legal Will
Dear Glad,
Your story is both alarming and, I suspect, not that uncommon.
A trust and estate attorney once told me that she prepared the will of an extremely wealthy man, and when she visited his office, he showed it to her and where he kept it. He was happy with all of the time they had spent putting it together, and was glad he had finally divided his estate in a manner that he believed was fair and equitable, and reflected his wishes, charitable interests, and his relationship with his closest friends and relatives. There was just one problem: It was still in a sealed envelope where, he believed, it was safe. She pointed out the obvious and easy mistake, “You haven’t signed it.” If a person with millions of dollars can make such a mistake, who’s to say others forget the importance of their John Hancock?
You’re correct that the legal framework that determines whether a will is valid varies by state. In New Jersey, for instance, “A will must be signed by the deceased or by someone who had the authority to sign for the maker of the will,” according to Bratton Estate & Elder Care Attorneys. “The will must also be signed by at least two other witnesses. In order for the signature of these witnesses to be valid, the signees should add their signatures to the document as soon as possible. New Jersey will accept handwritten wills whether or not they are…
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