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Why have a will?

Posted on 7/13/19 at 5:12 pm
Posted by nuwaydawg
Member since Nov 2007
1926 posts
Posted on 7/13/19 at 5:12 pm
Wife and I went out to dinner with an elderly friend of ours. She had sold her house 2 months ago and moved into a retirement complex. She mentioned that when she sold her house, Lawyers "came out of the woodwork" wanting her children to sign affidavits.

She told me that lawyers (real estate) were hounding her children to sign these affidavits.

Why? Her children never contested the Will. My wife was a witness and she gets a letter from a law firm asking her to "notify" her presence. It doesn't matter that the court records show that in fact, she was there.

This is insanity.

You can't give your assets to your heirs?

Even if you implicitly designate that.

I wish lawyers were honorable.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 7/13/19 at 5:14 pm to
quote:

an elderly friend of ours. She had sold her house 2 months ago and moved into a retirement complex


Pics?
Posted by tss22h8
30.4 N 90.9 W
Member since Jan 2007
18657 posts
Posted on 7/13/19 at 5:15 pm to
Who are these lawyers? Do they represent family members or just your typical ambulance chasers?
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42505 posts
Posted on 7/13/19 at 5:17 pm to
My guess is you only have 1/10th of the facts
Posted by rmc
Truth or Consequences
Member since Sep 2004
26523 posts
Posted on 7/13/19 at 5:18 pm to
quote:

My guess is you only have 1/10th of the facts
Posted by ExtraGravy
Member since Nov 2018
794 posts
Posted on 7/13/19 at 5:18 pm to
(no message)
This post was edited on 11/24/20 at 8:07 pm
Posted by Ash Williams
South of i-10
Member since May 2009
18147 posts
Posted on 7/13/19 at 5:18 pm to
First off, it appears you’re commenting about the will of a woman who is still alive and you clearly don’t know the details of that will, so any questions related to that will be pretty hard to answer.

Second, every state has different laws, so an answer to your question would depend on the state you’re in.

Third, if you’re referring to her dead husband’s will, it’s possible that he left half the house to their kids and half to her, so the kids had to give permission for it to be sold.

Finally, you have a will so that shite goes where you want it to go when you’re dead.
Posted by LSUTigers00884
Lafayette
Member since Oct 2011
1160 posts
Posted on 7/13/19 at 5:19 pm to
quote:

My guess is you only have 1/10th of the facts
Posted by BurningHeart
Member since Jan 2017
9521 posts
Posted on 7/13/19 at 5:20 pm to
The ratio of post length to clarity is very high here.

I have no clue what situation the OP is describing
Posted by go ta hell ole miss
Member since Jan 2007
13629 posts
Posted on 7/13/19 at 5:20 pm to
quote:

My guess is you only have 1/10th of the facts


May be a bit of a high estimation.

To think family members to not fight over inheristence tells me the OP is very your or has never experience death for a family member that had assets upon death.

The lawyers are probably getting joinders signed by family members, so they do not have to serve them for every single motion. Many states require joinders to be notoraized. It’s a cost saving measure and makes handling an estate a lot easier.
This post was edited on 7/13/19 at 5:24 pm
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22157 posts
Posted on 7/13/19 at 5:22 pm to
I’m going to take a complete shot in the dark and take a guess at what’s going on here.

Her husband probably passed away and they never opened his succession. When she sold the house, it was probably the attorney’s working with the title company “hounding” the children for affidavits stating they don’t claim an interest in the house.

ETA. None of this has anything to do with having a will. If you’re talking about your friend’s will, she’s not dead yet so it really doesn’t matter what’s in her will.
This post was edited on 7/13/19 at 5:26 pm
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48320 posts
Posted on 7/13/19 at 5:26 pm to
quote:

Her husband probably passed away and they never opened his succession. When she sold the house, it was probably the attorney’s working with the title company “hounding” the children for affidavits stating they don’t claim an interest in the house.


And if she is placing that property into a Will that has property going to anyone other than her legal heirs then the lawyers are correct to make sure that she complies with the drafting procedure. Louisiana is very strict on how to draft a Will and if you miss a signature or date it can be throw out.

Posted by nuwaydawg
Member since Nov 2007
1926 posts
Posted on 7/13/19 at 5:35 pm to
No one ever contested the will. Years ago.

She sold her house and all of a sudden, lawyers are popping up wanting affidavits.

Her kids are pissed because...THIS IS STUPID.
Posted by OweO
Plaquemine, La
Member since Sep 2009
113971 posts
Posted on 7/13/19 at 5:38 pm to
My grandmother had a will which I was included in. My dad passed away 10 years before my grandmother passed away. A few years after my dad passed my grandmother started showing signs of alzheimer's which progressed.

She was staying with my aunt (dad's only sibling) and uncle. After she passed away, I learned that right before she was put in a home, my aunt & her daughter took her to their lawyer. They had a new will drawn up that she had to sign. Evidently after almost 2 hours of trying to get her to sign she wouldn't do it (I didn't think a lawyer could allow someone to sign if they had to be forced to sign.. Or play a role in convincing someone to sign).

They took her back home and after a few hours, they convinced to allow them to take her back to the lawyer and willingly sign the will.

All I know is that my aunt's daughter's (obviously my cousin) husband introduced my uncle to the Stanford Financial Group, which he ended up investing a good bit of money into (as well as their daughter's husband). SFG was seized by the federal government in 2009 because it was a fraud.

In 2009 (I think mid part of the year) my grandmother was put in a home. But all of that is besides the point. Somehow they were able to get my grandmother to sign a new will that a lawyer had drawn on at the advice of my aunt which completely eliminated me out of.
Posted by go ta hell ole miss
Member since Jan 2007
13629 posts
Posted on 7/13/19 at 5:39 pm to
quote:

No one ever contested the will. Years ago. She sold her house and all of a sudden, lawyers are popping up wanting affidavits. Her kids are pissed because...THIS IS STUPID.


Was the will probated? If not, that would explain an awful lot.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48320 posts
Posted on 7/13/19 at 5:40 pm to
quote:

No one ever contested the will. Years ago.

She sold her house and all of a sudden, lawyers are popping up wanting affidavits.

Her kids are pissed because...THIS IS STUPID.


Do you understand how real estate is transacted when an owner dies?

It sounds like the buyers are just concerned about getting a clean title. Who did the husband give his 1/2 ownership in the home to in the Will?
Posted by BurningHeart
Member since Jan 2017
9521 posts
Posted on 7/13/19 at 5:45 pm to
quote:

OweO


Wall of text...

quote:

But all of that is besides the point


Posted by FightnBobLafollette
Member since Oct 2017
12204 posts
Posted on 7/13/19 at 5:51 pm to
quote:

She sold her house and all of a sudden, lawyers are popping up wanting affidavits.



Yeah. It’s the lawyers who are the problem.

After all the other posts you still don’t get it.
Posted by wildtigercat93
Member since Jul 2011
112338 posts
Posted on 7/13/19 at 6:01 pm to
There’s almost always a sibling trying to get a bigger slice of pie
Posted by Tempratt
WRMS Girls Soccer Team Kicks arse
Member since Oct 2013
13380 posts
Posted on 7/13/19 at 6:03 pm to
Does Lewzianer still have the forced headship laws?

Over 20 years ago it was struck down. A couple years later it was over turned.

Lewzianer is run by a backward frickers.

L E W I A N E R!!!
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