Posted by John T Country Lawyer on March 12, 2012 at 17:25:18 from (66.87.4.97):
In Reply to: Ot post: wills posted by JayinNY on March 12, 2012 at 16:43:53:
Okay, heres what to do CONSULT A LOCAL ATTORNEY WHO PRACTICES IN THE FIELDS OF WILLS, TRUST AND PROBATE NOTTTTTTTTT LAY OR EVEN PROFESSIONAL OPINIONS POSTED HERE.......If your know it all brother in law or Billy Bob are of the opinion you should do such and such wellllllll they, like persons here including myself, may be right???? if youre willing to take that risk, its your call.
"A living person has no heirs". If you die intestate, the laws of intestate succession for your state determine who inherits your "estate" assetts. Typical would be your spouse and your issue followed wayyyyyyyy down the line by siblings etc if none of the the favored herirs survive you.
If you wish them to pass to persons other then "heirs" (what the State says by its laws) then you need a Will.
If an assett passes outside of probate by operation of law that makes a will or intestate succession unnecessary. If say your real etsate is owned by the entirities, the survivor owns it upon your death NO PROBATE NECESSARY......
If you wish them to pass outside of probate, then they need to pass by operation of law, such as joint ownership with full rights of survivorship or that they pass per terms of a Trust.
I prepare Trusts, or Wills, or do neither and perhaps plan for assetts to pass by operation of law which is another method to avoid probate
SOOOOOOOOOO see to answer your question a trained competent professional is in my opinion the best to interview you and plan for whats best to suit your needs and that just cant be done here.
Best wishes and God Bless, this is the best advice I have to offer
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