Perhaps because the certificate was requested after death occurred.

The two ex-wives apparently have no paperwork - no pre-nup, insurance beneficiary document, living will, divorce/annulment paper, medical directive or other formal written notice, among others "normal" people would have in place - which would include a copy of a will and/or trust. I would have thought the second wife, who seemed more savvy than his first, looked out for herself more.

mailaccount63 said:

laytonian said:

You can create a will online, print it out and sign it.
No attorney involved.

I'm wondering if he sang a will

This is not TV - this is reality. Theoretically, yes, you can create a Will online, but there are so many variables to doing that (every county is different, every state is different, etc., etc.), that it is really, really, really NOT a good idea. And someone with an estate of this size would be crazy to do that...........

No attorney involved?

>>>>>It still needs to be witnessed.<<<<< No witnesses have come forward either.


(This is not legal advice. This is for informational purposes only.)

What happens if the witness is deceased? Not saying that this is the case, but one would never know. Like if he had his father, or his brother who is deceased be a witness. If they were the only witness, then what? Forgive my ignorance, I have never been involved in drawing up a Will myself (although I really really should because I have two small kids!)

[Edited 6/29/16 6:14am]

manabean84 said:

mailaccount63 said:

This is not TV - this is reality. Theoretically, yes, you can create a Will online, but there are so many variables to doing that (every county is different, every state is different, etc., etc.), that it is really, really, really NOT a good idea. And someone with an estate of this size would be crazy to do that...........

No attorney involved?

>>>>>It still needs to be witnessed.<<<<< No witnesses have come forward either.


(This is not legal advice. This is for informational purposes only.)

What happens if the witness is deceased? Not saying that this is the case, but one would never know. Like if he had his father, or his brother who is deceased be a witness. If they were the only witness, then what? Forgive my ignorance, I have never been involved in drawing up a Will myself (although I really really should because I have two small kids!)

[Edited 6/29/16 6:14am]

SpinsterSister said:

manabean84 said:

What happens if the witness is deceased? Not saying that this is the case, but one would never know. Like if he had his father, or his brother who is deceased be a witness. If they were the only witness, then what? Forgive my ignorance, I have never been involved in drawing up a Will myself (although I really really should because I have two small kids!)

[Edited 6/29/16 6:14am]

Requirements

In order to write a valid self-made will, most states require the testator, or person making the will, to be a legal adult aged 18 or older with the mental capacity to grasp what a will is for and what his own will may do to his property after he dies, according to FindLaw. You must also make your self-made will in writing in most states. You can write your will out by hand, type it or use a preprinted will form in most states.

Witnesses

A self-made will must meet your state's requirement for witnesses, just like any other will, according to the American Bar Association. Forty-eight states require two witnesses to watch you sign your will. These witnesses then sign your will as well. Witnesses in all states must be legal adults with the ability to understand what they are witnessing. Vermont requires three witnesses, and Louisiana requires only one witness.

Notarization

Only Louisiana requires you to have a notary sign your will, according to MedLaw Plus. This rule includes self-made wills. Many other U.S. states allow you to use notarization to make a self-proving will. A self-proving will usually goes through probate faster because the probate court does not have to call in your witnesses and ask them whether they actually signed your will. However, these states do not require a valid will to be notarized, and do not accept a self-made will that is notarized unless it is also witnessed according to that state's laws.

Holographic Wills

Some states allow you to avoid needing two or more witnesses by making a holographic or olographic will, one that is written in your own handwriting. In most states, only your name, signature, the date and "material portions" need to be in your own handwriting. These wills do not have to be witnessed or notarized to be legal, but witnesses and notarization may move them through the probate court more quickly because the court will not have to validate your handwriting, according to FindLaw.

I remember my attorneys said my sister could have written a will on a napkin and as long as it was dated and signed by her, it would be considered valid - however, would take longer through the court for any claims. I am in California. No idea was MN laws state rules are for wills.

SpinsterSister said:

manabean84 said:

What happens if the witness is deceased? Not saying that this is the case, but one would never know. Like if he had his father, or his brother who is deceased be a witness. If they were the only witness, then what? Forgive my ignorance, I have never been involved in drawing up a Will myself (although I really really should because I have two small kids!)

[Edited 6/29/16 6:14am]

Requirements

In order to write a valid self-made will, most states require the testator, or person making the will, to be a legal adult aged 18 or older with the mental capacity to grasp what a will is for and what his own will may do to his property after he dies, according to FindLaw. You must also make your self-made will in writing in most states. You can write your will out by hand, type it or use a preprinted will form in most states.

Witnesses

A self-made will must meet your state's requirement for witnesses, just like any other will, according to the American Bar Association. Forty-eight states require two witnesses to watch you sign your will. These witnesses then sign your will as well. Witnesses in all states must be legal adults with the ability to understand what they are witnessing. Vermont requires three witnesses, and Louisiana requires only one witness.

Notarization

Only Louisiana requires you to have a notary sign your will, according to MedLaw Plus. This rule includes self-made wills. Many other U.S. states allow you to use notarization to make a self-proving will. A self-proving will usually goes through probate faster because the probate court does not have to call in your witnesses and ask them whether they actually signed your will. However, these states do not require a valid will to be notarized, and do not accept a self-made will that is notarized unless it is also witnessed according to that state's laws.

Holographic Wills

Some states allow you to avoid needing two or more witnesses by making a holographic or olographic will, one that is written in your own handwriting. In most states, only your name, signature, the date and "material portions" need to be in your own handwriting. These wills do not have to be witnessed or notarized to be legal, but witnesses and notarization may move them through the probate court more quickly because the court will not have to validate your handwriting, according to FindLaw.

Thanks for the explanation!

CandaceS said:

Why is there a "deceased" date on the birth certificate?

Seeing that kinda bummed me out.

SpinsterSister said:

I remember my attorneys said my sister could have written a will on a napkin and as long as it was dated and signed by her, it would be considered valid - however, would take longer through the court for any claims. I am in California. No idea was MN laws state rules are for wills.

MN requires witnesses and generally will not accept invalid wills, esp. if challenged.

So according to court documents:

"On or about June 17, 2016, the Court received submissions for 15 claimants. On or about June 24, 2016, the Court received submissions for 8 more claimants."

Does this mean that individuals are claiming heirship or that Prince owed them money upon his passing?

In addition, those making relationship claims based on grandparents, parents, siblings and half siblings are not sealed, with the excpetion of attached documentation that contains SSN, bank account number, etc. Those attachments will be sealed.

Descendants and children claims will be sealed.

Eileen said:

SpinsterSister said:

I remember my attorneys said my sister could have written a will on a napkin and as long as it was dated and signed by her, it would be considered valid - however, would take longer through the court for any claims. I am in California. No idea was MN laws state rules are for wills.

MN requires witnesses and generally will not accept invalid wills, esp. if challenged.

OK, I'm back..... what did I miss?..... um.....

Sure, you CAN write your will on a napkin. But, yeah, it is going to take months longer to go through the court. I would never suggest such a thing to anybody. You won't be doing anyone any favors. You might even just be better off not even writing that will, because if you don't have a will, your state already has laws in place (a default will), and the corresponding probate court will take over, just like we are seeing here for Prince. THE most important reason for doing a will is for protection (usually for the survivors/loved ones, but it could also be for property, like say, intellectual property, like music [cough, cough]).

If you do a proper will, the process moves like clockwork. When someone comes into the law office when someone has passed, I can have a case opened with the Court, and get an estate checking account opened with a bank, and be paying the decedent's bills usually within the week. That's not going to happen if you write your will on a napkin.

In setting up an estate case: The first step that happens in probate is proving of the will. probate = proving the will If there is no will, probate court still is the entity that determines how property is passed on. With a trust, the proceedings can take place privately, UNLESS there is something that upsets the apple cart. And that could be anything... by anybody. And then the trust has to head into probate court anyways. Usually people that set up trusts have good intentions. But with all of the trusts that I have assisted with, I have never seen a trust completely funded properly with ALL of the decedant's assets properly transferred into the trust. Something is always "forgotten". And so we end up opening a case with the probate court anyway. Then I have two matters for one decedent's estate to keep straight: the probate case, AND the trust. That can get to be very complicated (but, then, that's what I get paid for), and expensive. And just wait until it is tax season! and the CPA has to do tax returns for the probate case AND the trust.

What usually happens (I would even put it so high as 90% of the time) first thing after someone passes and the family/friends go to an attorney for estate assistance?? They are just about always in a big hurry to get to the money - for various reasons: to pay bills coming due of the decedent, to pay for the funeral (usually big #1 - some funeral directors can be notorious at pressuring survivors to bury Aunt Clara in an expensive, gold-leaf casket with a big satin, fluffy pillow befitting to her, with everyone from the city turning out for the funeral service to see whether "she looks good"...), to pay bills of the surviving spouse and/or surviving children, etc. - and those are the commendable ones. I have seen people come into the law office that actually said: "How long will it take to get to Mom's money? We have a tour booked through our travel agent to Paris France, we leave in two weeks, and the travel agent wants paid asap!" I am NOT exaggerating! And I thought: "With relatives like you, who needs enemies?" I had to tell those relatives that they could just forget that trip. I have seen children of mom come into the law office to discuss mom's estate before mom is even dead! wanting to know how long it would take to get to the money so they could go on a spending spree.

So, sure you CAN write your will on a napkin. But the most important reason for doing a will is for protection. And you could potentially be making it worse instead of better. You can't take your property with you when you die. What do you want to happen to it? Do you want to protect any minors? Do you want to protect any loved ones? Do you want to protect any property?

The only reason I could think of to write your will on a napkin would be: If you were being held hostage in a restaurant... surrounded by ISIS with machine guns while they were throwing bombs at the restaurant... and you have surviving children that were minors... and you have not done any type of a will. THEN, yeah, I would suggest to you to write your will down on a napkin.

Do you really have to have it done by an attorney? No, you don't HAVE to. But a lawyer knows the laws of your domicile (where you live), and knows all the little secrets to how to get your estate to work like clockwork in the event of your death in your domicile - and how to protect your survivors. And the attorney is another witness, who is probably well known by the corresponding probate judge... which would be another factor in getting your estate to move like clockwork.

Do you have life insurance? Why?? Those are the mostly the same reasons you need a will and/or estate plan.

But, as I have mentioned before, every state is (slightly) different... every county is (slightly) different... every judge is (slightly) different.

I didn't come to the Org to preach... or debate. I came here because of the ache in my heart due to Prince's sudden death and my love for (some of) his music. I have been employed in the area of probate for years. I have done estates with wills (usually), without wills, with trusts. I am not here to establish any type of a lawyer/client relationship. After I only saw a few attorneys occasionally, once in a while, visiting here, I thought maybe I could help a little, by maybe shedding some light on the area of probate. I will admit, I am a "newbie" to the Org. And maybe you feel I have no right to come here just because of Prince's death while many of you have been here for years and years. But there are some songs of Prince's that have really just touched my heart, like no other musician has... I have wondered: "how did he come up with something so profoundly beautiful?" And then suddenly, he was gone.

Sure, you CAN write your will on a napkin. I would not suggest it to anyone, unless the circumstances were dire.

(The proceeding is for informational purposes only. In the event you need legal advice for your estate, please seek the advice of an attorney.)

manabean84 said:

What happens if the witness is deceased? Not saying that this is the case, but one would never know. Like if he had his father, or his brother who is deceased be a witness. If they were the only witness, then what? Forgive my ignorance, I have never been involved in drawing up a Will myself (although I really really should because I have two small kids!)

That is why they have laws requiring more than one witness. Also if an attorney drafted the will, they also can be a witness.

Most lawyers will not allow any next of kin or beneficiaries of the will be a witness. Most judges frown on this. If someone was named in a will as a beneficiary, plus also was a witness?..... sounds like the grounds of a lawsuit to me. Most judges want beneficiaries of an estate to "be at arm's length" from the transactions.

If you have minor children, in my opinion, that is THE most important reason for a will.

It doesn't have to be complicated/expensive. The #1 thing you want to ask an attorney is: how much will this cost? Shop around - compare costs. Also most attorneys today will let you make payments. Discuss the cost #1 first thing.


(This is not legal advice. This is for informational purposes only.)

Thanks Malia, I was using what happened with my sister as an example. The issues were that she had just given up her CA domicile and fell under MA rules. Unmarried, no children and a "live in" boyfriend who sued us for everything, including life insurance that was designated for my parents. It was also for her real estate left here in CA. We filed probate in both CA and MA because of the circumstances and trust me MA takes care of business. The money I spent was pricey and you will burn through money figuring out what exactly the inventory contains, receipts, and then if somebody or a creditor comes forward - fighting over EVERYTHING!!!

With my anger and frustration, my attorney(s) said she could've done as a last minute ditch effort had written her directions on a cocktail napkin and CA would've accepted it, although it would have taken longer to process through.

Trust me people, learn from what is going on with Prince's estate and my own words....

THE MOST LOVING THING YOU CAN DO FOR YOUR FAMILY IS TO (AT LEAST) MAKE A WILL OR SET UP A FAMILY TRUST. ALSO LOOK INTO MAKING AN ADVANCE DIRECTIVE, VERY IMPORTANT AND YOU WILL SAVE YOUR LOVED ONES GRIEF IF GOD FORBID, YOU ARE NOT ABLE TO MAKE YOUR OWN MEDICAL DECISIONS AND WHILE YOU'RE AT IT, LET THEM KNOW HOW YOU WOULD LIKE YOUR BODY HONORED AFTER YOUR GRADUATION.

Thanks again Malia for being the voice of reason and readily helping us make heads or tails of all the legal talk....you're a good girl!!

Judge in Prince Case to Unseal Documents:

In a court order made public Thursday, the US judge deciding who should inherit the estate of late singer Prince ordered that many of the case documents be publicly available.

https://www.yahoo.com/new...04611.html

A Princely Sum

Taxes, lawsuits and a guessing game over his ultimate worth are just part of the drama to come as experts unravel Prince’s financial legacy.

http://tcbmag.com/Industries/Law/A-Princely-Sum

SpinsterSister said:

Thanks Malia, I was using what happened with my sister as an example. The issues were that she had just given up her CA domicile and fell under MA rules. Unmarried, no children and a "live in" boyfriend who sued us for everything, including life insurance that was designated for my parents. It was also for her real estate left here in CA. We filed probate in both CA and MA because of the circumstances and trust me MA takes care of business. The money I spent was pricey and you will burn through money figuring out what exactly the inventory contains, receipts, and then if somebody or a creditor comes forward - fighting over EVERYTHING!!!

With my anger and frustration, my attorney(s) said she could've done as a last minute ditch effort had written her directions on a cocktail napkin and CA would've accepted it, although it would have taken longer to process through.

Trust me people, learn from what is going on with Prince's estate and my own words....

THE MOST LOVING THING YOU CAN DO FOR YOUR FAMILY IS TO (AT LEAST) MAKE A WILL OR SET UP A FAMILY TRUST. ALSO LOOK INTO MAKING AN ADVANCE DIRECTIVE, VERY IMPORTANT AND YOU WILL SAVE YOUR LOVED ONES GRIEF IF GOD FORBID, YOU ARE NOT ABLE TO MAKE YOUR OWN MEDICAL DECISIONS AND WHILE YOU'RE AT IT, LET THEM KNOW HOW YOU WOULD LIKE YOUR BODY HONORED AFTER YOUR GRADUATION.

Thanks again Malia for being the voice of reason and readily helping us make heads or tails of all the legal talk....you're a good girl!!

Spinster Sister: If you are talking to me(?), I really am grateful for the appreciation; fyi, I am a guy - not that it really matters online. Regarding your sister's estate, when something needs probated in another state (etc.) other than the one the decedent lives in, that is called an "Ancillary Administration". We will be hearing about that also in Prince's estate, since he owned properties outside of Minnesota. And you, Spinster Sister, have seen firsthand how different states handle probate differently, so you will be of that understanding as we watch on the sidelines as Prince's estate goes through administration.

And, you Spinster Sister, also have delivered the message that I have previously delivered, and have bolded above on yours. If you fans that are following this estate unfold have learned anything, it is: PLEASE do some estate planning!

1Sasha said:

Perhaps because the (birth) certificate was requested after death occurred.

That is what I suspect.

SpinsterSister said:

Requirements

In order to write a valid self-made will, most states require the testator, or person making the will, to be a legal adult aged 18 or older with the mental capacity to grasp what a will is for and what his own will may do to his property after he dies, according to FindLaw. You must also make your self-made will in writing in most states. You can write your will out by hand, type it or use a preprinted will form in most states.

Witnesses

A self-made will must meet your state's requirement for witnesses, just like any other will, according to the American Bar Association. Forty-eight states require two witnesses to watch you sign your will. These witnesses then sign your will as well. Witnesses in all states must be legal adults with the ability to understand what they are witnessing. Vermont requires three witnesses, and Louisiana requires only one witness.

Notarization

Only Louisiana requires you to have a notary sign your will, according to MedLaw Plus. This rule includes self-made wills. Many other U.S. states allow you to use notarization to make a self-proving will. A self-proving will usually goes through probate faster because the probate court does not have to call in your witnesses and ask them whether they actually signed your will. However, these states do not require a valid will to be notarized, and do not accept a self-made will that is notarized unless it is also witnessed according to that state's laws.

Holographic Wills

Some states allow you to avoid needing two or more witnesses by making a holographic or olographic will, one that is written in your own handwriting. In most states, only your name, signature, the date and "material portions" need to be in your own handwriting. These wills do not have to be witnessed or notarized to be legal, but witnesses and notarization may move them through the probate court more quickly because the court will not have to validate your handwriting, according to FindLaw.

...and by the way, just so we give credit where credit is due, so we don't get "in trouble" by our wonderful, patient Mods - the previous information is available to you at:
http://info.legalzoom.com...-4238.html author: A.L. Kennedy

(teamwork!!! right, SpinsterSister?)

mailaccount63 said:

SpinsterSister said:

Thanks Malia, I was using what happened with my sister as an example. The issues were that she had just given up her CA domicile and fell under MA rules. Unmarried, no children and a "live in" boyfriend who sued us for everything, including life insurance that was designated for my parents. It was also for her real estate left here in CA. We filed probate in both CA and MA because of the circumstances and trust me MA takes care of business. The money I spent was pricey and you will burn through money figuring out what exactly the inventory contains, receipts, and then if somebody or a creditor comes forward - fighting over EVERYTHING!!!

With my anger and frustration, my attorney(s) said she could've done as a last minute ditch effort had written her directions on a cocktail napkin and CA would've accepted it, although it would have taken longer to process through.

Trust me people, learn from what is going on with Prince's estate and my own words....

THE MOST LOVING THING YOU CAN DO FOR YOUR FAMILY IS TO (AT LEAST) MAKE A WILL OR SET UP A FAMILY TRUST. ALSO LOOK INTO MAKING AN ADVANCE DIRECTIVE, VERY IMPORTANT AND YOU WILL SAVE YOUR LOVED ONES GRIEF IF GOD FORBID, YOU ARE NOT ABLE TO MAKE YOUR OWN MEDICAL DECISIONS AND WHILE YOU'RE AT IT, LET THEM KNOW HOW YOU WOULD LIKE YOUR BODY HONORED AFTER YOUR GRADUATION.

Thanks again Malia for being the voice of reason and readily helping us make heads or tails of all the legal talk....you're a good girl!!

Spinster Sister: If you are talking to me(?), I really am grateful for the appreciation; fyi, I am a guy - not that it really matters online. Regarding your sister's estate, when something needs probated in another state (etc.) other than the one the decedent lives in, that is called an "Ancillary Administration". We will be hearing about that also in Prince's estate, since he owned properties outside of Minnesota. And you, Spinster Sister, have seen firsthand how different states handle probate differently, so you will be of that understanding as we watch on the sidelines as Prince's estate goes through administration.

And, you Spinster Sister, also have delivered the message that I have previously delivered, and have bolded above on yours. If you fans that are following this estate unfold have learned anything, it is: PLEASE do some estate planning!

Thanks Mailaccount63 for being such a cool dude! It is really not that expensive to have a simple will/living trust/health directive drawn up. I guess what people are scared of is the fact that they are going to die and by drawing up such papers, they are speeding up the process.

I can't wait to see what will unfold, hopefully it will not be a circus but when it comes to money - more often than not, it usually ends up that way.

I do not envy any part in the case, it is gut wrenching, makes you second guess your relationship with Prince and the finality of it all slaps you hard in the face that he is really gone.

SpinsterSister said:

mailaccount63 said:

Spinster Sister: If you are talking to me(?), I really am grateful for the appreciation; fyi, I am a guy - not that it really matters online. Regarding your sister's estate, when something needs probated in another state (etc.) other than the one the decedent lives in, that is called an "Ancillary Administration". We will be hearing about that also in Prince's estate, since he owned properties outside of Minnesota. And you, Spinster Sister, have seen firsthand how different states handle probate differently, so you will be of that understanding as we watch on the sidelines as Prince's estate goes through administration.

And, you Spinster Sister, also have delivered the message that I have previously delivered, and have bolded above on yours. If you fans that are following this estate unfold have learned anything, it is: PLEASE do some estate planning!

Thanks Mailaccount63 for being such a cool dude! It is really not that expensive to have a simple will/living trust/health directive drawn up. I guess what people are scared of is the fact that they are going to die and by drawing up such papers, they are speeding up the process.

I can't wait to see what will unfold, hopefully it will not be a circus but when it comes to money - more often than not, it usually ends up that way.

I do not envy any part in the case, it is gut wrenching, makes you second guess your relationship with Prince and the finality of it all slaps you hard in the face that he is really gone.

Thanks MA66 for saving my bacon. Yes, the information I posted a few comments back was generously provided by LegalZoom.com - Thanks Robert Shapiro and company for overlooking my lack of acknowledgement.

http://hosted.ap.org/dynamic/stories/U/US_PRINCE_ESTATE?SITE=WNYC&SECTION=HOME&TEMPLATE=DEFAULT

The Associated Press is also reporting on the judge's decision to allow documents of those claiming to be Prince's children to remain confidential, but those with any other relationship claim will have their documents open to the public July 11.

SpinsterSister said:

Thanks Malia, I was using what happened with my sister as an example. The issues were that she had just given up her CA domicile and fell under MA rules. Unmarried, no children and a "live in" boyfriend who sued us for everything, including life insurance that was designated for my parents. It was also for her real estate left here in CA. We filed probate in both CA and MA because of the circumstances and trust me MA takes care of business. The money I spent was pricey and you will burn through money figuring out what exactly the inventory contains, receipts, and then if somebody or a creditor comes forward - fighting over EVERYTHING!!!

With my anger and frustration, my attorney(s) said she could've done as a last minute ditch effort had written her directions on a cocktail napkin and CA would've accepted it, although it would have taken longer to process through.

Trust me people, learn from what is going on with Prince's estate and my own words....

THE MOST LOVING THING YOU CAN DO FOR YOUR FAMILY IS TO (AT LEAST) MAKE A WILL OR SET UP A FAMILY TRUST. ALSO LOOK INTO MAKING AN ADVANCE DIRECTIVE, VERY IMPORTANT AND YOU WILL SAVE YOUR LOVED ONES GRIEF IF GOD FORBID, YOU ARE NOT ABLE TO MAKE YOUR OWN MEDICAL DECISIONS AND WHILE YOU'RE AT IT, LET THEM KNOW HOW YOU WOULD LIKE YOUR BODY HONORED AFTER YOUR GRADUATION.

Thanks again Malia for being the voice of reason and readily helping us make heads or tails of all the legal talk....you're a good girl!!

My husband and I have talked numerous times about drawing up a Will. Biggest reason is to determine who would care for our children if we both should pass away. To honest I don't own much, well a house but I could give a hoot less who gets my posses or what little money I have. I want my kids to be taken care of by the right and best person. We can't agree on that. Husband wants kids to go to his sister 2000 miles away, I don't want them to be so far from the rest of our family and our parents. If we should pass, then our kids get taken away that would break their hearts even more. This is the one thing holding us back from making decisions and drawing up a Will.

manabean84 said:

SpinsterSister said:

Thanks Malia, I was using what happened with my sister as an example. The issues were that she had just given up her CA domicile and fell under MA rules. Unmarried, no children and a "live in" boyfriend who sued us for everything, including life insurance that was designated for my parents. It was also for her real estate left here in CA. We filed probate in both CA and MA because of the circumstances and trust me MA takes care of business. The money I spent was pricey and you will burn through money figuring out what exactly the inventory contains, receipts, and then if somebody or a creditor comes forward - fighting over EVERYTHING!!!

With my anger and frustration, my attorney(s) said she could've done as a last minute ditch effort had written her directions on a cocktail napkin and CA would've accepted it, although it would have taken longer to process through.

Trust me people, learn from what is going on with Prince's estate and my own words....

THE MOST LOVING THING YOU CAN DO FOR YOUR FAMILY IS TO (AT LEAST) MAKE A WILL OR SET UP A FAMILY TRUST. ALSO LOOK INTO MAKING AN ADVANCE DIRECTIVE, VERY IMPORTANT AND YOU WILL SAVE YOUR LOVED ONES GRIEF IF GOD FORBID, YOU ARE NOT ABLE TO MAKE YOUR OWN MEDICAL DECISIONS AND WHILE YOU'RE AT IT, LET THEM KNOW HOW YOU WOULD LIKE YOUR BODY HONORED AFTER YOUR GRADUATION.

Thanks again Malia for being the voice of reason and readily helping us make heads or tails of all the legal talk....you're a good girl!!

My husband and I have talked numerous times about drawing up a Will. Biggest reason is to determine who would care for our children if we both should pass away. To honest I don't own much, well a house but I could give a hoot less who gets my posses or what little money I have. I want my kids to be taken care of by the right and best person. We can't agree on that. Husband wants kids to go to his sister 2000 miles away, I don't want them to be so far from the rest of our family and our parents. If we should pass, then our kids get taken away that would break their hearts even more. This is the one thing holding us back from making decisions and drawing up a Will.

trust me, you will give a hoot about your house and other funds, possessions - especially if you have children. you can have the proceeds from the sale of your house deposited into a trust fund for them - why give the government extra money that your children could use in the future? as far as who gets your kids, I have no idea, that is an area I did not have to deal with.

mailaccount63 said:

Eileen said:

MN requires witnesses and generally will not accept invalid wills, esp. if challenged.

OK, I'm back..... what did I miss?..... um.....

Sure, you CAN write your will on a napkin. But, yeah, it is going to take months longer to go through the court. I would never suggest such a thing to anybody. You won't be doing anyone any favors. You might even just be better off not even writing that will, because if you don't have a will, your state already has laws in place (a default will), and the corresponding probate court will take over, just like we are seeing here for Prince. THE most important reason for doing a will is for protection (usually for the survivors/loved ones, but it could also be for property, like say, intellectual property, like music [cough, cough]).

If you do a proper will, the process moves like clockwork. When someone comes into the law office when someone has passed, I can have a case opened with the Court, and get an estate checking account opened with a bank, and be paying the decedent's bills usually within the week. That's not going to happen if you write your will on a napkin.

In setting up an estate case: The first step that happens in probate is proving of the will. probate = proving the will If there is no will, probate court still is the entity that determines how property is passed on. With a trust, the proceedings can take place privately, UNLESS there is something that upsets the apple cart. And that could be anything... by anybody. And then the trust has to head into probate court anyways. Usually people that set up trusts have good intentions. But with all of the trusts that I have assisted with, I have never seen a trust completely funded properly with ALL of the decedant's assets properly transferred into the trust. Something is always "forgotten". And so we end up opening a case with the probate court anyway. Then I have two matters for one decedent's estate to keep straight: the probate case, AND the trust. That can get to be very complicated (but, then, that's what I get paid for), and expensive. And just wait until it is tax season! and the CPA has to do tax returns for the probate case AND the trust.

What usually happens (I would even put it so high as 90% of the time) first thing after someone passes and the family/friends go to an attorney for estate assistance?? They are just about always in a big hurry to get to the money - for various reasons: to pay bills coming due of the decedent, to pay for the funeral (usually big #1 - some funeral directors can be notorious at pressuring survivors to bury Aunt Clara in an expensive, gold-leaf casket with a big satin, fluffy pillow befitting to her, with everyone from the city turning out for the funeral service to see whether "she looks good"...), to pay bills of the surviving spouse and/or surviving children, etc. - and those are the commendable ones. I have seen people come into the law office that actually said: "How long will it take to get to Mom's money? We have a tour booked through our travel agent to Paris France, we leave in two weeks, and the travel agent wants paid asap!" I am NOT exaggerating! And I thought: "With relatives like you, who needs enemies?" I had to tell those relatives that they could just forget that trip. I have seen children of mom come into the law office to discuss mom's estate before mom is even dead! wanting to know how long it would take to get to the money so they could go on a spending spree.

So, sure you CAN write your will on a napkin. But the most important reason for doing a will is for protection. And you could potentially be making it worse instead of better. You can't take your property with you when you die. What do you want to happen to it? Do you want to protect any minors? Do you want to protect any loved ones? Do you want to protect any property?

The only reason I could think of to write your will on a napkin would be: If you were being held hostage in a restaurant... surrounded by ISIS with machine guns while they were throwing bombs at the restaurant... and you have surviving children that were minors... and you have not done any type of a will. THEN, yeah, I would suggest to you to write your will down on a napkin.

Do you really have to have it done by an attorney? No, you don't HAVE to. But a lawyer knows the laws of your domicile (where you live), and knows all the little secrets to how to get your estate to work like clockwork in the event of your death in your domicile - and how to protect your survivors. And the attorney is another witness, who is probably well known by the corresponding probate judge... which would be another factor in getting your estate to move like clockwork.

Do you have life insurance? Why?? Those are the mostly the same reasons you need a will and/or estate plan.

But, as I have mentioned before, every state is (slightly) different... every county is (slightly) different... every judge is (slightly) different.

I didn't come to the Org to preach... or debate. I came here because of the ache in my heart due to Prince's sudden death and my love for (some of) his music. I have been employed in the area of probate for years. I have done estates with wills (usually), without wills, with trusts. I am not here to establish any type of a lawyer/client relationship. After I only saw a few attorneys occasionally, once in a while, visiting here, I thought maybe I could help a little, by maybe shedding some light on the area of probate. I will admit, I am a "newbie" to the Org. And maybe you feel I have no right to come here just because of Prince's death while many of you have been here for years and years. But there are some songs of Prince's that have really just touched my heart, like no other musician has... I have wondered: "how did he come up with something so profoundly beautiful?" And then suddenly, he was gone.

Sure, you CAN write your will on a napkin. I would not suggest it to anyone, unless the circumstances were dire.

(The proceeding is for informational purposes only. In the event you need legal advice for your estate, please seek the advice of an attorney.)

Great info mailaccount.

manabean84 said:

My husband and I have talked numerous times about drawing up a Will. Biggest reason is to determine who would care for our children if we both should pass away. To honest I don't own much, well a house but I could give a hoot less who gets my posses or what little money I have. I want my kids to be taken care of by the right and best person. We can't agree on that. Husband wants kids to go to his sister 2000 miles away, I don't want them to be so far from the rest of our family and our parents. If we should pass, then our kids get taken away that would break their hearts even more. This is the one thing holding us back from making decisions and drawing up a Will.

You don't need to have a big estate to still have need to draw up a will. You want your kids to be taken care of - THAT is probably the most important need for a will - in my opinion.

Let me give you something to consider: You and your husband don't need to agree on who would be your childrens' guardian in the event that BOTH of you would pass at the same time (which rarely happens, but in the vocational field of Law, lawyers prefer to prepare for the worst and hope for the best). So at least do wills on what you DO agree on.

Besides, attorneys are going to suggest to you that you each get your own lawyer to do your own wills anyway. Clients usually want to do everything they can to save money, so it is very common for husband and wife to use the same attorney. But if a large estate is involved, and/or the husband and wife cannot agree, it will probably be suggested to you, and I suggest, that you each get different lawyers to draw up your wills.

Wills aren't just for transferring property. Wills are also for settling debts in the event of your death. (And the last time I checked, we ALL die.) Wills make it easier for the person that settles your estate, and gives them the ability to do it in a timely fashion. Notice: When you die, you will be DEAD. The Will isn't for YOU. It is for someone else to settle your estate.

Do you have life insurance? WHY?!? You need a Will for the same reason.

(This is not legal advice. For legal advice concerning you specifically, please consult with a lawyer.)

[Edited 7/2/16 7:16am]

musicfan77 said:

http://tcbmag.com/Industr...incely-Sum

Remember, Orgers, when you post a link: Proper credit needs to be given where proper credit is due. That is one of the main rules here at the Org, don't forget. AND it, as far as I understood, was a very important principle to Prince.

The title of the above-referenced article is: "A Princely Sum" * by Tad Simons * June 29, 2016 * Twin Cities Business

This is a VERY good article. Thank you for the heads-up musicfan77, and thank you for the link.

musicfan77 said:

http://tcbmag.com/Industr...incely-Sum

hurts to see this

nursev said:

musicfan77 said:

http://tcbmag.com/Industr...incely-Sum

hurts to see this

yeah

XxAxX said:

nursev said:

hurts to see this

yeah

Never thought that Prince would end like this and things would be like this.

nursev said:

XxAxX said:

yeah

Never thought that Prince would end like this and things would be like this.

I think it clearly means he did not see himself in danger of dying soon.