# Is this sufficient for a will? Need fast. **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 14, 2017, 1:13pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104 "2017-01-14T13:13:14Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Caffeine.addict](https://avatars.discourse-cdn.com/v4/letter/c/f475e1/32.png) [@Caffeine.addict](https://boards.straightdope.com/u/Caffeine.addict)\ **Post date:** [May 26, 2017, 8:08pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/41 "2017-05-26T20:08:56Z")
> [@dropzone](#): > > She gave me power of attorney over everything, which looks like a will. Check with an attorney in your state, but that’s not a will. Generally, powers of attorney terminate at death. ---
**Author:** ![wellanuff](https://avatars.discourse-cdn.com/v4/letter/w/57b2e6/32.png) [@wellanuff](https://boards.straightdope.com/u/wellanuff)\ **Post date:** [May 26, 2017, 8:12pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/42 "2017-05-26T20:12:53Z")
> [@dropzone](#): > > She gave me power of attorney over everything, which looks like a will. IANAL. 1. A power of attorney and a will are two very different things. 2. “Looks like a will” means jack shit, but you already know that, right? 3. The power of attorney (I’ll add “almost certainly” here because I am not a lawyer, but I’m pretty certain) almost certainly does not allow you to sign a will on her behalf, if that is what you are considering. You might look into “small estate” provisions in your state. If she is not wealthy, that might cover all of your needs, depending on your state’s laws and what types of assets she owns. If she is wealthy and has recovered enough that she can go over things with a lawyer, you might want to have her look into setting up a living trust, with you as her successor trustee. Can be useful in a lot of situations, and can really simplify things. ---
**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\ **Post date:** [May 26, 2017, 8:15pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/43 "2017-05-26T20:15:17Z")
> [@dropzone](#): > > She gave me power of attorney over everything, which looks like a will. It’s not. A POA for property (as opposed to a POA for medical decisions) lasts as long as the individual does, and is designed to cover things like “I’m incapable of taking care of my house while I’m medically incapacitated; you do it.” Once the person’s gone, the POA is meaningless. A POA is also not an executor (though you can select the same person for both roles). Your wife does not have a will. Get one. ---
**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\ **Post date:** [May 26, 2017, 10:08pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/44 "2017-05-26T22:08:34Z")
TE=Bosda Di’Chi of Tricor;19928278] **dropzone** –is she OK? {WORRIED} [/QUOTE] > [@Baker](#): > > The OP posts on an average of over four posts a day. They’ve only posted twice, since four days ago, the opening of this thread, and it’s been almost a whole day since they’ve been here. > > Let us know, when you can, how things are going. We hope you haven’t needed to use the advice here. > [@Sunny\_Daze](#): > > And how is she? And how are you? Lousy and lousy. ---
**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\ **Post date:** [May 26, 2017, 10:18pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/45 "2017-05-26T22:18:55Z")
> [@Caffeine.addict](#): > > Check with an attorney in your state, but that’s not a will. Generally, powers of attorney terminate at death. I am not a lawyer, but a lawyer’s son, and this appears to have some reach beyond the grave, but hell yeah, I’ll research further. Just wanted to consult with my invisible friends (her term) first. ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [May 26, 2017, 10:42pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/46 "2017-05-26T22:42:53Z")
> [@dropzone](#): > > Lousy and lousy. Share more when you can. Worried about you both. ---
**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\ **Post date:** [May 26, 2017, 11:19pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/47 "2017-05-26T23:19:02Z")
I was worried. ---
**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\ **Post date:** [May 27, 2017, 6:51pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/48 "2017-05-27T18:51:25Z")
I replied twice. The gerbils ate both. ---
**Author:** ![Poysyn](https://avatars.discourse-cdn.com/v4/letter/p/f4b2a3/32.png) [@Poysyn](https://boards.straightdope.com/u/Poysyn)\ **Post date:** [May 27, 2017, 6:55pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/49 "2017-05-27T18:55:31Z")
> [@dropzone](#): > > I replied twice. The gerbils ate both. Reach out if you need to, seems like you are getting it from all sides. ☹ Hope your wife is feeling better soon. ---
**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\ **Post date:** [May 27, 2017, 7:38pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/50 "2017-05-27T19:38:18Z")
It turns out that early on my doofuss bff told her I regretted marrying her. No, I regretted snatching her up before sowing my wild oats because I’d never do better. ---
**Author:** ![Lakai](https://avatars.discourse-cdn.com/v4/letter/l/9de0a6/32.png) [@Lakai](https://boards.straightdope.com/u/Lakai)\ **Post date:** [May 27, 2017, 9:11pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/51 "2017-05-27T21:11:06Z")
A few things to consider. Why are you doing a will? The default in most states is that spouse and descendants inherit everything. You would need a will if you don’t like the default distribution. To create a valid will you generally need a document stating the testator’s wishes and witnesses, but laws vary from state to state. It’s best to get a lawyer to do things correctly for you. The biggest issue when it comes to wills is not proving it was executed correctly, but proving that the person creating the will was mentally sound. Some attorneys have wills executed with medical professionals as witnesses. If the will is contested, you have a powerful expert witness who will testify in your favor. The last thing to consider is what happens if your wife doesn’t pass away, but becomes incapacitated? Another terrible but all too common situation. General solutions include getting a power of attorney (which it looks like you have) and a health care proxy. A more expensive solution is to put your spouses assets in a trust, where a trustee can control the property. ---
**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\ **Post date:** [May 29, 2017, 10:20am UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/52 "2017-05-29T10:20:25Z")
I thought I was supposed to. This dying shit is new to me. ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [May 29, 2017, 7:47pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/53 "2017-05-29T19:47:15Z")
This doesn’t sound good. Is she worse again? 1. Get a will if you/she don’t like the way the state you live in handles distribution after death without a will. Some states everything goes to the spouse. Some states may have different rules. If she wants to make bequests to some people, now’s the time to say so. 2. I think you can probably just go somewhere like LegalZoom and find a form for your state to do a simple will with her. You may not end up needing it now, but it’ll be over and done with and one less thing to worry about. 3. Please start a different thread at some point and let us know what’s going on. We are worried. Sending all the good vibes. ---
**Author:** ![Lakai](https://avatars.discourse-cdn.com/v4/letter/l/9de0a6/32.png) [@Lakai](https://boards.straightdope.com/u/Lakai)\ **Post date:** [May 30, 2017, 12:41am UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/54 "2017-05-30T00:41:06Z")
> [@Sunny\_Daze](#): > > 1. I think you can probably just go somewhere like LegalZoom and find a form for your state to do a simple will with her. You may not end up needing it now, but it’ll be over and done with and one less thing to worry about. Use legalzoom if you are certain the will won’t be contested in court by other family members. If you want something that will hold up in court, then go to an attorney. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [May 30, 2017, 1:26am UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/55 "2017-05-30T01:26:56Z")
^^ This. My wife’s an (among other things) estate attorney. Legalzoom is positively famous in the biz for creating expensive problems for people. If you’re in a crack, in a hurry, and you need to supercede an old will (say one naming an ex-husband), it’s probably better than nothing. Assuming your wife is in good enough shape to sign one knowingly. Good luck; we’re pulling for both of you. ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [May 30, 2017, 1:40am UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/56 "2017-05-30T01:40:43Z")
> [@LSLGuy](#): > > ^^ This. > > My wife’s an (among other things) estate attorney. > > Legalzoom is positively famous in the biz for creating expensive problems for people. If you’re in a crack, in a hurry, and you need to supercede an old will (say one naming an ex-husband), it’s probably better than nothing. Assuming your wife is in good enough shape to sign one knowingly. > > Good luck; we’re pulling for both of you. Good to know. Thank you. ---
**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\ **Post date:** [May 30, 2017, 3:56am UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/57 "2017-05-30T03:56:59Z")
Easy peasy. No exes. Two daughters well affianced with one in the UK and the other handy (this dump needs a handyman. No. 3 is starting to notice guys noticing her. Marry her off and Ill be able to die in peace. What, ya wanna live forever? ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [May 30, 2017, 11:28am UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/58 "2017-05-30T11:28:41Z")
Since you have a simple family situation a will may be completely unnecessary if: A) you’re comfortable with the rules of your state for will-less estates. (“intestate succession”) and B) you / she don’t have millions of dollars that should be specially managed with an eye to minimizing taxes. If you’ll tell us which state you’re in we can look that up for you. That’ll take one more burden off your overloaded plate. ---
**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\ **Post date:** [May 30, 2017, 12:17pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/59 "2017-05-30T12:17:38Z")
Illinois. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [May 30, 2017, 12:52pm UTC](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104/60 "2017-05-30T12:52:21Z")
IANA lawyer, this is not legal advice, etc. Ref here: [Illinois Intestate Succession | Nolo](http://www.nolo.com/legal-encyclopedia/intestate-succession-illinois.html) and here: [Illinois Intestacy Statute – Reda | Ciprian | Magnone](http://www.illinois-attorney.com/law/illinois-intestacy-statute/) If your wife dies with no \*valid \*will then you as husband get 1/2 of her estate and your children share the other half equally amongst themselves. Any assets (investment accounts, bank accounts, real estate, cars, etc.) that you own \*jointly \*goes directly to you first and is \*not \*part of the estate to be divided as above. Likewise if any accounts have had explicit “If I die, my share of this thing goes to …” arrangements made. These arrangements can easily be made on darn near any account at any financial institution. It’s a simple form. If you want/need that, ask their customer service about “transfer on death” or “payable on death” designations. Also called TOD or POD. They’ll know what to do. IRAs and 401Ks are the common example of things married people own that are _not_ joint and benefit especially from a TOD/POD designation. The key gotcha about a will being \*valid \*is that it requires the person making it to be mentally competent at the time they sign \*and \* for the signing to be properly witnessed. That might be an obstacle in your current situation. My (decidedly amateur) bottom line: If substantially all your/her stuff is jointly owned or is TOD/POD to you, a will is pretty much unnecessary. You’ll get ownership of all that stuff immediately, will or no will. OTOH, If she’s got a big bulk of separate assets in her name only with no POD/TOD to you then without a will you’ll be sharing those assets 50/50 with your kids. That might leave you short during your remaining life. Or it might not. Your call. Good luck. I hope this simplifies your worries a bit. [Previous page](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104.md?page=2) [Next page](https://boards.straightdope.com/t/is-this-sufficient-for-a-will-need-fast/777104.md?page=4)