mom's will

irmanator · #1 (**permalink**) 09-30-2011, 12:52 AM

In my other post about mom I had all details I don't wanna type again. (too depressing) Anyways going thru her stuff I found her will, dated 1999. Basically its outdated, she said Brother gets the house I get the contents. Well she no longer has the house and has downsized the contents to fit a senior apt. complex. All she really has is 1 bdrm apt worth of furniture and personal items.

Do I need to bother her with re writing the will? She probably doesnt even have 2000 worth of stuff considering its old and stained and no one but her would want it. My Brother and I are pretty much in agreement on how to split it.

I know this sounds bad and for the record all I really wanted was all the family photo's.

I just want to know if we legally need to bother a sick woman who knows she is dying with having her re-do a will when she has almost nothing?

irmanator · #2 (**permalink**) 09-30-2011, 12:55 AM

oh gosh I feel so weird and wrong to be worrying about all this crap. I have spent all week off work and staying by her side and making decisions. I am a good kid but I am a planner and it seems to help to know what is going on. My brother is kinda same way except he lets me make the medical choices since I have more medical understanding due to my job.

riverwed070707 · #3 (**permalink**) 09-30-2011, 06:16 AM

This may not be the legally sound way to handle it, but I would say no. If there are only two of you that have any stake in the estate then I would say don't put that stress on her. It will be easy enough for you to settle up amongst yourselves.

Like2Plan · #4 (**permalink**) 09-30-2011, 06:23 AM

Quote:

Originally Posted by irmanator

oh gosh I feel so weird and wrong to be worrying about all this crap. I have spent all week off work and staying by her side and making decisions. I am a good kid but I am a planner and it seems to help to know what is going on. My brother is kinda same way except he lets me make the medical choices since I have more medical understanding due to my job.

irmanator,
You have already said it--you are a planner and that is what you do best. You are in a situation over which you have no control--sometimes it helps with the stress to do what you are comfortable with--for you that is planning.
I don't know the answer to your question--it really sounds like it is a legal question depending on your state. I know of one state that doesn't require you to go through probate if the estate is valued below a certain threshold.

jpg7n16 · #5 (**permalink**) 09-30-2011, 08:35 AM

If you guys are in agreement on how to split it, don't worry about it. It'd cost a few 100 $$ to create a new will, and the current one leaves everything to you.

You can gift $13k to anyone tax free, which is more than the entire estate is worth. So you can accept all assets, and gift 1/2 to your brother - no problem.

Why you're freaking out - seriously? You're dealing with your mom passing away! I'd be concerned if you WEREN'T freaking out! It's a super stressful time with all sorts of emotions no one wants to deal with. It's okay to freak out a little over this. I really wish you guys the best as you go through all of this.

irmanator · #6 (**permalink**) 09-30-2011, 05:55 PM

Thanks so much, it is really weird but everyone in my family is so old but they are just in the last few years starting to die off. So even though I am 40 I haven't had to deal much with death.... and now I am getting so much of it it is overwhelming.

In my head it sounds like I am rushing things by trying to be prepared. I don't really have enough imho to pay for a decent yet basic funeral. That is bothering me. Mom gave up a lot for us (as kids) and I don't want to be too "budget minded"

Like2Plan · #7 (**permalink**) 10-01-2011, 07:58 AM

irmanator,
I think since it is a legal question, it may save you a lot of trouble if you consult with a lawyer to ask if you are going to have to execute the will and go through probate (and what your options are). I was told when creating my will that anything specifically mentioned in the will had to be accounted for--which if the house is sold you may have to go through some extra hoops. Since you expect your Moms estate to be so small--maybe you won't even have to go through probate (I just don't know). Also, does your Mom have any accounts or property that are in her name only? Maybe the lawyer can provide some guidance on how to best proceed while your Mom is able to still help you.

mom-from-missouri · #8 (**permalink**) 10-03-2011, 05:08 PM

NO--rewrite it or it gets tied up in probate and put in boxes for several years--we just went thru this! All anyone really wanted was of no value--photos, old letters and couple music boxes.....and while it was stored by the county while in probate it got wet and ruined...

irmanator · #9 (**permalink**) 10-03-2011, 07:26 PM

really? i thought suze said something about it dont have to be probated if its less than I think 20k? She has nothing with a title, no car no house no stocks just clothes, a couch, a bed and a table.