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Tractor Talk Discussion Forum

Re: O/T Inheritance

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Bus Driver

08-21-2013 14:01:18

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I suspect that things will end up just as the deceased intended. I know of one will that was declared not valid because one of the two witnesses had died first and the other did not recall having been a witness. But the laws of intestacy made things end up about the same. What is being done now in my area is a "self-proving" will. Drawn up, signed and witnessed plus witnessed by a notary- then sealed in an envelope and deposited unopened with the clerk of court. Was present when one such was was removed from the vault after the death of the person and opened by the clerk. Compared it to the copy that the family had. He declared it valid at that moment. Some states allow "collection by affidavit" for certain estates. Faster, cheaper settlement for those that qualify.

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John T

08-21-2013 14:17:59

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 Re: O/T Inheritance in reply to Bus Driver, 08-21-2013 14:01:18  
EVERY Will I prepare for a client I make self proven and consider it malpractice if not prepared that way (although still legal and valid), but thats just the way I do things and my opinion. In our jurisdiction there are provisions for small estate distribution by affidavit absent full blown probate. Different states have different probate provisions although some of the basics are pretty well uniform. Theres obviously a lot of mis information and old wives tales run amok out there lol

take care good driver man

John T

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