QUESTION
If my father died without a will, is a notarized list legal for leaving his personal belongings to someone?
Asked on Nov 07th, 2017 on Estate Planning - Nebraska
9 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. If your father died without a will, his entire estate goes to his heirs. If he was not married at the time of death, then equals shares will go as follows; one to each of his children and one to the issue of each of his children, if any, who died before he did but are survived by issue who survived him.
Answered on Nov 09th, 2017 at 8:27 AM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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It would only suffice as a will if it met the required standards for a last will and testament.
Answered on Nov 08th, 2017 at 7:28 AM
Definitely not. If there is no Will, the estate be probated under state law, which in your case means 1/3 of the value of his assets to each of his children. The children can make any arrangement they want. If the list has enough correct verbiage it might qualify as a Will, but a notary would stamp the paper so it would not qualify as a holography Will? [one created by the handwriting of the deceased].
Answered on Nov 08th, 2017 at 7:27 AM
The question is whether the list is a "will" for legal purposes. If it is signed (which it is if notarized), dated and it is possible to see who gets what, it is probably a will. Still, it will have to go through Probate, so you will have an opportunity to contest the document.
Answered on Nov 07th, 2017 at 7:31 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is no Will there is no direction that can be used by a representative of the estate to require the distribution of particular pieces of property. A writing may have some moral authority if the heirs choose to give it such authority but that is purely voluntary and cannot be enforced. If a probate were opened the personal property would be divided equally among the descendants by value. If there is no agreement among the heirs then the property will be sold and the proceeds divided evenly among the descendants.
Answered on Nov 07th, 2017 at 7:31 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe. There is a new Oregon statute which makes documents signed by the decedent eligible to be admitted to probate as a will of the decedent if you can bring evidence that that's what the decedent meant. The thing is, you're talking about a fair amount of money by the time you prove the document, and get it admitted to probate, and then probate the estate. On the whole, it will be a way better idea to have Thanksgiving dinner with your siblings, and try to arrive at some kind of deal. Compromise, negotiate. Or, if you can't, please don't blame your lawyer for the cost of winning this fight.
Answered on Nov 07th, 2017 at 7:31 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Not in Ohio. A will needs to have two witnesses.
Answered on Nov 07th, 2017 at 7:30 PM
Thomas Edward Gates
No. Because your father died intestate, without a will, WA statutes defines how his estate is distributed. If no spouse, the estate is divided in equal shares between the children, shares and shares alike. If he owned a house, his estate must be probated. If no house and his estate is less than $100,000, his assets may be distributed by small estate affidavit. Here, ALL OF THE BENEFICIARIES, must sign-off on the distribution. BUT, before that can happen ALL creditors must be paid. If the estate is cash poor, assess must be sold to generate funds to pay the creditors.
Answered on Nov 07th, 2017 at 7:30 PM
The answer will depend upon the laws of the state your father lived in at the time of his death. Some states would accept such a list as a will; others would not. Check with an estate planning attorney licensed in that state.
Answered on Nov 07th, 2017 at 7:29 PM