Help Does anyone know the law and if a Will will be upheld?

[SieMeCryOrDie]

Does anyone know if a Will be upheld in the US if the COD is suicide? Or maybe a notorized piece of paper? I know a dead person won't be around for what happens after, but I still have stipulations on what can and cannot be done. I guess I still would like some things in death that I couldn't get in life

 

[Awkward_Fox92]

Wills aren't usually contingent on COD so it should be if it's a properly filed Will

 

[SieMeCryOrDie]

Wills aren't usually contingent on COD so it should be if it's a properly filed Will

I know there are instances in America where a will can be voided due to suicide with a claim that the deceased person was not in their correct mental state when the will was made. I currently do not have one and don't want to go through the trouble if it's gonna be contested.

 

[September Salt]

I know there are instances in America where a will can be voided due to suicide with a claim that the deceased person was not in their correct mental state when the will was made. I currently do not have one and don't want to go through the trouble if it's gonna be contested.

It's a pretty loose standard, though. The important things are that you understand what a will does (gives property to survivors) and that you name an executor you trust who will fight for you.

 

[FrozenMango]

A will can be contested by family members in some circumstances. Please note that a will is a public record in the US!! I recommend a living trust or power of attorney

 

[SieMeCryOrDie]

It's a pretty loose standard, though. The important things are that you understand what a will does (gives property to survivors) and that you name an executor you trust who will fight for you.

A will can be contested by family members in some circumstances. Please note that a will is a public record in the US!! I recommend a living trust or power of attorney

What if I have no one and I want my body to go to the city and I don't care who receives my property. Any advice? I have no idea how to go about this without an executor or power of attorney. Am I SOL because I have noone who is trust worthy?

 

[Awkward_Fox92]

You can donate your body to science and register it as such with a company

 

[outrider567]

I know there are instances in America where a will can be voided due to suicide with a claim that the deceased person was not in their correct mental state when the will was made. I currently do not have one and don't want to go through the trouble if it's gonna be contested.

Maybe, but if the Will is made out many months beforehand, I'm sure it won't be successfully contested

 

[September Salt]

What if I have no one and I want my body to go to the city and I don't care who receives my property. Any advice? I have no idea how to go about this without an executor or power of attorney. Am I SOL because I have noone who is trust worthy?

It'll be challenging. Wills aren't filed until you die, so if no one is interested in seeing your wishes carried out, they may not be. Without a will, property is distributed to your relatives in the US. I'm not familiar with donating your body, but I think that's something you arrange before you die and not in a will.

 

[SieMeCryOrDie]

Maybe, but if the Will is made out many months beforehand, I'm sure it won't be successfully contested

That's the thing, I'm pretty sure I'll be CTB very soon. I thought about doing this sooner or not at all, but now I really would like to know my options regarding after death. I'm just not sure what to do in this scenario

It'll be challenging. Wills aren't filed until you die, so if no one is interested in seeing your wishes carried out, they may not be. Without a will, property is distributed to your relatives in the US. I'm not familiar with donating your body, but I think that's something you arrange before you die and not in a will.

You can donate your body to science and register it as such with a company

I will definitely look into companies and arraignments.

It'll be challenging. Wills aren't filed until you die, so if no one is interested in seeing your wishes carried out, they may not be. Without a will, property is distributed to your relatives in the US. I'm not familiar with donating your body, but I think that's something you arrange before you die and not in a will.

It's sad but I believe you are correct. With no one to carry out my wishes, I will not get the proper arrangements after death. Thank you

It'll be challenging. Wills aren't filed until you die, so if no one is interested in seeing your wishes carried out, they may not be. Without a will, property is distributed to your relatives in the US. I'm not familiar with donating your body, but I think that's something you arrange before you die and not in a will.

It's sad but I believe you are correct. With no one to carry out my wishes, I will not get the proper arrangements after death. Thank you

 

[locked*n*loaded]

What if I have no one and I want my body to go to the city and I don't care who receives my property. Any advice? I have no idea how to go about this without an executor or power of attorney. Am I SOL because I have noone who is trust worthy?

I have no one, either, and just had a will drafted. In the will you can give power to the court to appoint a "professional" executor who will take care of your property if you have any, and also make sure your wishes and desires (burial type, cemetery, service, etc), if listed in the will, are carried out. The funds to pay the executor come out of your estate based on a percentage. If you have no estate funds, such as no house or money in the bank, I'm not sure how that works. I suppose the county or city somehow covers the cost. You can put just about anything you want into your will, as long as it's not illegal. If you want to make sure a certain someone gets nothing out of your estate, you put that in your will, too.

It's sad but I believe you are correct. With no one to carry out my wishes, I will not get the proper arrangements after death. Thank you

This is not true. If your wishes for "proper arrangements" are in your will, the executor who is appointed by the court, will see that your wishes are carried out. When you get your will drafted, you tell the lawyer that you want the court to appoint a "professional" executor to handle your estate. The lawyer will put that in the will and that's that. If you have any members of your family, or friends, that you do NOT want to act as executor of your estate, you put that in the will, too. Same for disinheriting anyone. There is a "pecking" order as to who has claim to your stuff if you have no immediate family. If you don't want the cousins who come out of the woodwork to get anything, make sure you supply names to your attorney to formally disinherit them.

 

[Job Joad]

I believe a will be legally upheld no matter what when the person dies (Unless it is proven he was murdered by a beneficiary). It's only insurance payoffs that wont be upheld if the person insuring themselves CTBs.

 

[September Salt]

Helpful info:

Final Arrangements FAQ

Planning some of the details of your burial or cremation—and your memorial service—can be a great relief to your survivors.

www.nolo.com

 

[SieMeCryOrDie]

Helpful info:

Final Arrangements FAQ

Planning some of the details of your burial or cremation—and your memorial service—can be a great relief to your survivors.

www.nolo.com

Thanks, but I'm looking for actual law regarding suicide and arraignments, not general arrangements. It's considered a grey are in places and therefore not always upheld.

I believe a will be legally upheld no matter what when the person dies (Unless it is proven he was murdered by a beneficiary). It's only insurance payoffs that wont be upheld if the person insuring themselves CTBs.

From what I've been told, arraignments are not always upheld when the cause of death is suicide. I hope this is true but I was hoping someone knew for sure

I believe a will be legally upheld no matter what when the person dies (Unless it is proven he was murdered by a beneficiary). It's only insurance payoffs that wont be upheld if the person insuring themselves CTBs.

From what I've been told, arraignments are not always upheld when the cause of death is suicide. I hope this is true but I was hoping someone knew for sure

 

[September Salt]

The cause of death probably will not matter as long as you're lucid when you make a will. But no one can guarantee 100% that it will be upheld. Your family can contest it if they want.

 

[SieMeCryOrDie]

I have no one, either, and just had a will drafted. In the will you can give power to the court to appoint a "professional" executor who will take care of your property if you have any, and also make sure your wishes and desires (burial type, cemetery, service, etc), if listed in the will, are carried out. The funds to pay the executor come out of your estate based on a percentage. If you have no estate funds, such as no house or money in the bank, I'm not sure how that works. I suppose the county or city somehow covers the cost. You can put just about anything you want into your will, as long as it's not illegal. If you want to make sure a certain someone gets nothing out of your estate, you put that in your will, too.

This is not true. If your wishes for "proper arrangements" are in your will, the executor who is appointed by the court, will see that your wishes are carried out. When you get your will drafted, you tell the lawyer that you want the court to appoint a "professional" executor to handle your estate. The lawyer will put that in the will and that's that. If you have any members of your family, or friends, that you do NOT want to act as executor of your estate, you put that in the will, too. Same for disinheriting anyone. There is a "pecking" order as to who has claim to your stuff if you have no immediate family. If you don't want the cousins who come out of the woodwork to get anything, make sure you supply names to your attorney to formally disinherit them.

Thank you for all of this. I have assets but I don't have the energy to sell, so basically I'm broke. I can't afford a lawyer, but I had no idea I could give power to the court or use my assets to pay. Thank you for that knowledge as well. I will do my research, most based off of your response. I'm sorry that you are alone as well. When CTB I feel most people don't think about this or make arraignments. I hadn't planned on it myself until I found out family wanted what they could take. Tbh, I rather get all of this over with

The cause of death probably will not matter as long as you're lucid when you make a will. But no one can guarantee 100% that it will be upheld. Your family can contest it if they want.

Yes, that's what I'm worried about

 

[locked*n*loaded]

Thank you for all of this. I have assets but I don't have the energy to sell, so basically I'm broke. I can't afford a lawyer, but I had no idea I could give power to the court or use my assets to pay. Thank you for that knowledge as well. I will do my research, most based off of your response. I'm sorry that you are alone as well. When CTB I feel most people don't think about this or make arraignments. I hadn't planned on it myself until I found out family wanted what they could take. Tbh, I rather get all of this over with

Since I have no one to leave anything to, I only did it so the state wouldn't get my assets. Also, the little that I have, I figured it would be a good idea if it could go to something worthwhile. I'm leaving everything, after estate expenses, and after everything gets sold, and any money in the bank, to St. Jude Children's Hospital. Something good may as well come from my death. Those kids have it way rougher than most of us, and at such an early start in life.

 

[Hercules]

It's sad but I believe you are correct. With no one to carry out my wishes, I will not get the proper arrangements after death. Thank you

You can preplan your funeral and make whatever arrangements you like. Your executor will make sure that your wishes concerning your burial are carried out

You can hire an attorney to be your executor if you don't have anyone you can trust to do it. Your will isn't automatically invalid because you committed suicide. Your will is valid as long as you are of sound mind at the time that you make it. The standard for this is very low. You just have to have the mental capacity to understand that you need to make a will so that your money and property are distributed to your beneficiaries after your death. If you have an attorney draw up your will, he would be a credible witness that you were of sound mind when you made the will. He wouldn't draw up a will and file it for you if he thought you weren't in your right mind. The attorney would also have more experience and know how to successfully fight your family and uphold your will if your family tries to contest it.

 

[SieMeCryOrDie]

Since I have no one to leave anything to, I only did it so the state wouldn't get my assets. Also, the little that I have, I figured it would be a good idea if it could go to something worthwhile. I'm leaving everything, after estate expenses, and after everything gets sold, and any money in the bank, to St. Jude Children's Hospital. Something good may as well come from my death. Those kids have it way rougher than most of us, and at such an early start in life.

This is a beautiful thought. I love that you chose charity. Not many people plan for after death. Hell, not many people plan to catch the bus either. I don't have much to leave, but your reply has given me some new ideas. Thank you