I usually talk to you about passing as in auto accidents. Today a different type of passing.
My solid legal advice: get your death together.
I have been known to do a will or two and still do them. So, I keep up with these things. Let me give you some real stories that might motivate you to action.
Larry King Un-live
The legendary talk show host did not go to a lawyer to ensure his final wishes were upheld. He wrote a note saying the kids get everything and they should share it equally. California permits informal wills under certain circumstances.
However, a major legal battle is underway. No executor was named, so the family is fighting over who is in charge. His wife says the note doesn’t count since it was done after his stroke, so he was not mentally competent. Remember that old movie line at the reading of the will about being of sound mind and body? By the way, she was left out, which might add to her insistence on a previous will.
And two of the kids have already died, so what do they do? Is the money now split between the remaining siblings, or does it pass to the families of the deceased children? A few bucks to a real lawyer would have fixed all this.
Blotting Out the Names
Here is why you need to have copies in multiple places. An Australian man died. His will was found on his kitchen table two months after his death. BUT the names of the beneficiaries were blocked out by scribbles. Did the man do it? Did someone who was disinherited do it? In the end, a judge ruled that it was like the man never had a will.
Alabama Rules
If you die without a will in Alabama, the state will write one for you. Here is the problem. It may not divide your property and cash as you wish. Here is another state rule, and this may surprise you. You can handwrite a will on a napkin, but it must be properly signed and witnessed. If not, your heirs must use the one the state will write for you.
You may think you don’t have to worry about it after you are gone, but your stuff will go somewhere. It might as well go to the people you want.
If you suffer from any personal injury accident – car, boat, on-the-job, slip and fall, nursing home abuse, etc. – you can talk to us at the Law Firm of Eiland and Ritchie (251) 666-1212 for free. We want to help you get back on your feet.
Plus, join us on NBC 15 LawCall here in Mobile every Sunday night at 10:30, right after the news. We’ll have some legal information you can use. Plus, we specifically set aside a few hours on Monday morning to answer any questions you may have in real-time. Just call our office.
Allen Ritchie
Alabama Personal Injury Lawyer