What do you do if you don't have a will?

Madhu10 · May 29th, 2008, 03:42

I did not know where to post this question. It relates mainly to folks who are leaving for India for a while but their assets are back in the US.

I want to be prepared for things that might happen in the road. Say something happens to be I want to be able to leave some documentation for my emergency contact here in the US on what to do with my stuff.

Now I don't have a will and basically have been thinking for years but never really done anything about it.

I know law in each state of US differ. Anybody know if this is true for California. I have been told that I can write a letter sign it in presence of two witness and that basically could be considered by wishes. I don't want Uncle Sam to take my stuff but rather leave it to my parents who are in India. In general for my 401K etc I have beneficiary but not for cash which is in the banks or in mutual funds.

I know I know that I should ask for legal advice on these boards or any but if you guys have some knowledge to get me started that would be great.

Muchos Gracias...
Madhu

Haylo · May 29th, 2008, 04:01

This may seem like a dumb question, but as making a will seems such an obvious answer to your problem, why are you looking for an alternative?

Making a will before you leave really doesn't make it any more likely that you'll die in India - I promise!

tacita · May 29th, 2008, 04:09

Quote:

Originally Posted by Haylo

This may seem like a dumb question, but as making a will seems such an obvious answer to your problem, why are you looking for an alternative?

i was about to say the same thing!

OP, a quick google search turned up this free form, which should be fine for your purposes. a will is really no big deal, and your parents would probably be entitled to everything anyway, depending on your individual circumstances. you could scrawl it in crayon on a paper towel with no witnesses and it would likely be honored. based on what you've said, it's unlikely your estate would wind up the subject of a contest.

(and no, uncle sam does not come swooping in to seize your assets when you die!)

edwardseco · May 29th, 2008, 04:52

Quote:

Making a will before you leave really doesn't make it any more likely that you'll die in India

Actually, a lot of evidence indicates that people believe just that. Buying flight life insurance holds off the gods. After all, not a single claim was put in last year in the US..

edwardseco · May 29th, 2008, 05:02

Quote:

OP, a quick google search turned up this free form, which should be fine for your purposes. a will is really no big deal, and your parents would probably be entitled to everything anyway, depending on your individual circumstances. you could scrawl it in crayon on a paper towel with no witnesses and it would likely be honored. based on what you've said, it's unlikely your estate would wind up the subject of a contest

Having just come out of a year in such hell may I suggest to the OP that they consider the value of shade tree legal advice as being worth all that they paid for it.
There are a lot of complications involved if one is not single, no relations up or down, and own no property. So while a simple will may suit the OP in a limited fashion as better than nothing it is better to examine the details as well. I had 3 wills to reconcile with no upto date property distribution nor any clues at what was what. Make sure you know the complications to avoid leaving a probate hell for your next of kin and do leave a will at the least..

Madhu10 · May 29th, 2008, 06:00

The only reason I asked if an alternative to a Will existed was because I leave in 3 days and don't have the time to get to a lawyer etc. I know my bad but we all procrastinate. I know a will is the best but I did say I was looking for any alternative that *might* exist.

And no I'm really not scared of dying if I write a will. Actually I'm not scared of dying at all. Worst things than death can happen to one.

Sometimes even intelligent people ask DUMB and STUPID questions. Bear with us mortals.

Thanks for the tips about the link from Google. Appreciate it.

Cheers,

wonderwomanusa · May 29th, 2008, 06:11

You can do a handwritten (holographic) will, as simple as you can say what should happen to your possessions. It should NOT be witnessed or notarized, just leave it with someone trustworthy. You should name a person as executor, who will carry out your wishes. It will be honored in California.

Madhu10 · May 29th, 2008, 06:30

Thank you WW. Will write that hand written letter right away.

Just for that answer the first *Rasagulla* on me!

Cardamom · May 29th, 2008, 08:45

Hey - all of India Mike are your witnesses too so you're safe

Happy trails to you!

C

edwardseco · May 29th, 2008, 11:33

Be kind to the executer, leave ample instructions as the disopsal of assets and body and especially about the extent and nature of medical care. God forbid its necessary but if so someone will bless you..

TheFoolOnTheHill · May 29th, 2008, 12:10

The only foolish question is the one that is not asked.

People who live their lives think about death with intelligence. Death and taxes, people, death and taxes.

Writing your will shows you respect what you have in your life - and that you need to manage what happens to material/non material possessions after your body ain't around no mo'

Non.material possesions? Yes - the emotional haggling over the fifth chair of the dining table set / the odd nostalgic momento.

Madhu - good on you.

capt_mahajan · May 29th, 2008, 13:30

Is it time to say - where there is no will there is a way- yet?

Nick-H · May 29th, 2008, 13:36

You can do it in three days, on the anything is better than nothing principle!

It doesn't have to be the last will you ever make, and you have, one hopes, plenty of time for refinement in the future, prefereably destroying earlier efforts to prevent confusion.

There are certain very basic things that people (I only know about UK) tend to get wrong, like getting a beneficiary to be a witness --- and a witness can't have any interest in the will. Thus a few minutes with a lawyer can save your heirs heaps of work and worry, as per Edwardseco's experience.

edwardseco · Jun 1st, 2008, 04:17

Quote:

where there is no will there is a way

Oh lordy!

Still, to be practical don't miss the fine details. If you want something to be given to someone don't neglect to give ample directions as to where it is and how to recognize the item. I spent a day looking for a locket and never found it. Old utility bills were lifesavers in shutting off utilities. Its not something we think about. A person played so coy about where they hid a valuable item that when I came to clean out the place I didn't find it..

dhans · Jun 1st, 2008, 17:49

Quote:

Originally Posted by edwardseco

Oh lordy!

Still, to be practical don't miss the fine details. If you want something to be given to someone don't neglect to give ample directions as to where it is and how to recognize the item. .

A list of all your bank(number)s, creditcards, insurances, and wishes for the burial cremation also comes in handy. Confrontational? yes, but also very helpfull for the beraved.

Hans

May 29th, 2008, 03:42	#1
Madhu10 Member Join Date: Jun 2006 Location: On the road (at home in San Francisco, Hyderabad and Goa ) Posts: 86	What do you do if you don't have a will? I did not know where to post this question. It relates mainly to folks who are leaving for India for a while but their assets are back in the US. I want to be prepared for things that might happen in the road. Say something happens to be I want to be able to leave some documentation for my emergency contact here in the US on what to do with my stuff. Now I don't have a will and basically have been thinking for years but never really done anything about it. I know law in each state of US differ. Anybody know if this is true for California. I have been told that I can write a letter sign it in presence of two witness and that basically could be considered by wishes. I don't want Uncle Sam to take my stuff but rather leave it to my parents who are in India. In general for my 401K etc I have beneficiary but not for cash which is in the banks or in mutual funds. I know I know that I should ask for legal advice on these boards or any but if you guys have some knowledge to get me started that would be great. Muchos Gracias... Madhu __________________ Flickring away.... http://www.flickr.com/photos/80145936@N00/

May 29th, 2008, 04:01	#2
Haylo Neophite Join Date: May 2008 Location: This week I am mostly living in England Posts: 742	? This may seem like a dumb question, but as making a will seems such an obvious answer to your problem, why are you looking for an alternative? Making a will before you leave really doesn't make it any more likely that you'll die in India - I promise!

May 29th, 2008, 12:10	#11
TheFoolOnTheHill An oval degree of eccentricity Join Date: Nov 2007 Location: The Himalayas Posts: 88	The man with the foolish voice is keeping perfectly still The only foolish question is the one that is not asked. People who live their lives think about death with intelligence. Death and taxes, people, death and taxes. Writing your will shows you respect what you have in your life - and that you need to manage what happens to material/non material possessions after your body ain't around no mo' Non.material possesions? Yes - the emotional haggling over the fifth chair of the dining table set / the odd nostalgic momento. Madhu - good on you. __________________ Say no to Novocaine - Transcend Dental Medication

May 29th, 2008, 13:30	#12
capt_mahajan (in charge of navel affairs) Join Date: Sep 2005 Location: India Posts: 9,621	Is it time to say - where there is no will there is a way- yet? __________________ . Humpty Dumpty was pushed. How do you know when push comes to shove? Indiamike moderating team ..ich bin ein oneliner

May 29th, 2008, 13:36	#13
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 25,590	You can do it in three days, on the anything is better than nothing principle! It doesn't have to be the last will you ever make, and you have, one hopes, plenty of time for refinement in the future, prefereably destroying earlier efforts to prevent confusion. There are certain very basic things that people (I only know about UK) tend to get wrong, like getting a beneficiary to be a witness --- and a witness can't have any interest in the will. Thus a few minutes with a lawyer can save your heirs heaps of work and worry, as per Edwardseco's experience. __________________ . Just one member of the IndiaMike Mod Team

May 29th, 2008, 06:00	#6
Madhu10 Member Join Date: Jun 2006 Location: On the road (at home in San Francisco, Hyderabad and Goa ) Posts: 86	The only reason I asked if an alternative to a Will existed was because I leave in 3 days and don't have the time to get to a lawyer etc. I know my bad but we all procrastinate. I know a will is the best but I did say I was looking for any alternative that might exist. And no I'm really not scared of dying if I write a will. Actually I'm not scared of dying at all. Worst things than death can happen to one. Sometimes even intelligent people ask DUMB and STUPID questions. Bear with us mortals. Thanks for the tips about the link from Google. Appreciate it. Cheers,

May 29th, 2008, 06:11	#7
wonderwomanusa Maha Guru Member Join Date: May 2003 Location: Northern California Posts: 3,203	You can do a handwritten (holographic) will, as simple as you can say what should happen to your possessions. It should NOT be witnessed or notarized, just leave it with someone trustworthy. You should name a person as executor, who will carry out your wishes. It will be honored in California.

May 29th, 2008, 06:30	#8
Madhu10 Member Join Date: Jun 2006 Location: On the road (at home in San Francisco, Hyderabad and Goa ) Posts: 86	Thank you WW. Will write that hand written letter right away. Just for that answer the first Rasagulla on me!

May 29th, 2008, 08:45	#9
Cardamom Senior Member Join Date: Jan 2008 Location: New York, NY Posts: 196	Hey - all of India Mike are your witnesses too so you're safe Happy trails to you! C

May 29th, 2008, 11:33	#10
edwardseco Maha Guru Member Join Date: Sep 2001 Location: Land that shakes and bakes. Posts: 3,750	Be kind to the executer, leave ample instructions as the disopsal of assets and body and especially about the extent and nature of medical care. God forbid its necessary but if so someone will bless you..

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