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Question About The Lack Of A Will. My Husband Worked With And Has Cared For A Good Friend After His Retirement?

By pay online Posted in: payment

The man was never married nor had children. He does have 2 nephews. He has been like a relative to my family. My sons call him uncle and in fact he gave one of our sons the down payment on his first home. He is old and VERY set in his ways. He has put my husbands name on his checking account and told him in the event he should pass my husband would inherit everything he owns. Not that it’s much, about $20,000. He has NO debt. He refuses to see a lawyer about a will, too inconvenient. He wants nothing to go to his nephews who he regards as losers who have never done anything but ask for money. He is in good health and unless something dreadful happens I do not believe he will ever live in a nursing home. What should my husband do? Is his name being on the checking and savings account enough? Can a will be drawn up by my husband and signed in the presence of a 3rd party without a lawyer? Please advise. Thank you

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  1. Doethine Says

    If this man does nothing to prevent it,then his estate will pass to his nephews on his death. While it is always possible for him to prepare a will, this really should be done by someone other than your husband, as the nephews are likely to argue that your husband exerted undue influence upon this man to persuade him to leave everything to him and this argument will be all the more convincing if your husband is found actually to have prepared it. On the other hand, I wonder if the nephews would want to take matters to court while there is so little money involved?

  2. Betty Says

    I wrote my own will, I downloaded it off the internet, had someone else witness it, as far as I’m aware its a legally binding document. If he dies without a will it just causes grief to those left behind, like your husband who will most likely deal with his affairs & get nothing. Explain this to him, his next of kin will get any assets (and the state of course) if he doesn’t put something in writing.

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