BSF21 wrote: ↑Mon Mar 16, 2020 11:08 am
Guys seriously how do you deal with this feeling of dread? I'm not so much scared of getting sick as I am of the way other people are going to act if this gets bad. All the medical professionals in my life are really highly concerned and it's starting to get me really churned up. I'm sure I'm overreacting but this is rough.
I've had the dread since last week. Shit's getting real.
I should clarify...last night the GF and I had a chat about what do we do it one of us gets sick...one of my girls gets sick...or, here's the big one, what if her daughter Kelsey (the autistic one) or her caregivers get it? How do we deal with that?
BSF21 wrote: ↑Mon Mar 16, 2020 11:08 am
Guys seriously how do you deal with this feeling of dread? I'm not so much scared of getting sick as I am of the way other people are going to act if this gets bad. All the medical professionals in my life are really highly concerned and it's starting to get me really churned up. I'm sure I'm overreacting but this is rough.
like what are you thinking as worst case? hospital shootings?
Pruitt wrote: ↑Mon Mar 16, 2020 11:29 am
One positive thing I'll say (and not doing it to gloat) is that all three levels of government here have been great.
Prime Minister, Mayor and even our idiot Premier (like our Governor) have been measured, calm, firm yet understanding.
Protections in place for all workers, taxes can be paid late, timetables have been shared...
Restaurants in the city may be closed soon.
Premier just had a press conference where he told Ontario to calm down - he'd spoken to the head of Irving Pulp And Paper (Canada's largest supplier of toilet paper and other paper products - and he was assured that the supplies will not run out.
Pruitt, here we go!
The comment/chat section is off and running already.
Kung Fu movies are like porn. There's 1 on 1, then 2 on 1, then a group scene..
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
And his one problem is he didn’t go to Russia that night because he had extracurricular activities, and they froze to death.
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
I have a little skill. But the on-line form I used was pretty simple - if I go - it all goes to Jen. If she is gone - the kids get it equally. If we are all gone, Geep. If all of that doesn't work, whoever from the swamp gets to my house before the looters can have whatever they want.
brian wrote: ↑Mon Mar 16, 2020 12:22 pm
First COVID-19 death reported in Nevada today.
First in KY, too.
We also have an individual who is being held on house arrest. Despite testing positive, he refused to quarantine, so they posted deputies at his house.
You know what you need? A lyrical sucker punch to the face.
brian wrote: ↑Mon Mar 16, 2020 12:22 pm
First COVID-19 death reported in Nevada today.
First in KY, too.
We also have an individual who is being held on house arrest. Despite testing positive, he refused to quarantine, so they posted deputies at his house.
Good for Kentucky. By the way, when you come up to the NE to get your daughter, make sure you keep us who are over this way in the loop in case you need anything - that's reachable to assist for a bunch of us.
brian wrote: ↑Mon Mar 16, 2020 12:22 pm
First COVID-19 death reported in Nevada today.
First in KY, too.
We also have an individual who is being held on house arrest. Despite testing positive, he refused to quarantine, so they posted deputies at his house.
Good for Kentucky. By the way, when you come up to the NE to get your daughter, make sure you keep us who are over this way in the loop in case you need anything - that's reachable to assist for a bunch of us.
I'm leaving tomorrow. Gonna see where I am about 2 PM and decide how far to go. Appreciate the kindess, of course.
Anyone got an audiobook that is about 15 hours long they recommend?
You know what you need? A lyrical sucker punch to the face.
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
I have a little skill. But the on-line form I used was pretty simple - if I go - it all goes to Jen. If she is gone - the kids get it equally. If we are all gone, Geep. If all of that doesn't work, whoever from the swamp gets to my house before the looters can have whatever they want.
I don't think you're supposed to leave it to your kids. Then it gets caught up in guardianships and conservatorships. You're supposed to leave it all to a trust, in which you and your wife are both trustees, and in which all of you, including your kids, are the beneficiaries. Then there only needs to be a successor trustee appointed.
Basically what you described is the same thing as intestate succession (I'm pretty sure).
And his one problem is he didn’t go to Russia that night because he had extracurricular activities, and they froze to death.
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
I have a little skill. But the on-line form I used was pretty simple - if I go - it all goes to Jen. If she is gone - the kids get it equally. If we are all gone, Geep. If all of that doesn't work, whoever from the swamp gets to my house before the looters can have whatever they want.
I don't think you're supposed to leave it to your kids. Then it gets caught up in guardianships and conservatorships. You're supposed to leave it all to a trust, in which you and your wife are both trustees, and in which all of you, including your kids, are the beneficiaries. Then there only needs to be a successor trustee appointed.
Basically what you described is the same thing as intestate succession (I'm pretty sure).
His kids are over 18, no?
You know what you need? A lyrical sucker punch to the face.
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
I have a little skill. But the on-line form I used was pretty simple - if I go - it all goes to Jen. If she is gone - the kids get it equally. If we are all gone, Geep. If all of that doesn't work, whoever from the swamp gets to my house before the looters can have whatever they want.
I don't think you're supposed to leave it to your kids. Then it gets caught up in guardianships and conservatorships. You're supposed to leave it all to a trust, in which you and your wife are both trustees, and in which all of you, including your kids, are the beneficiaries. Then there only needs to be a successor trustee appointed.
Basically what you described is the same thing as intestate succession (I'm pretty sure).
His kids are over 18, no?
That might be even worse. Do you really want a 19-year-old to come into a bunch of money with no restrictions on what they do with it?
And his one problem is he didn’t go to Russia that night because he had extracurricular activities, and they froze to death.
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
I have a little skill. But the on-line form I used was pretty simple - if I go - it all goes to Jen. If she is gone - the kids get it equally. If we are all gone, Geep. If all of that doesn't work, whoever from the swamp gets to my house before the looters can have whatever they want.
I don't think you're supposed to leave it to your kids. Then it gets caught up in guardianships and conservatorships. You're supposed to leave it all to a trust, in which you and your wife are both trustees, and in which all of you, including your kids, are the beneficiaries. Then there only needs to be a successor trustee appointed.
Basically what you described is the same thing as intestate succession (I'm pretty sure).
His kids are over 18, no?
That might be even worse. Do you really want a 19-year-old to come into a bunch of money with no restrictions on what they do with it?
He has no bunch of money.
An honest to God cult of personality - formed around a failed steak salesman.
-Pruitt
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
I have a little skill. But the on-line form I used was pretty simple - if I go - it all goes to Jen. If she is gone - the kids get it equally. If we are all gone, Geep. If all of that doesn't work, whoever from the swamp gets to my house before the looters can have whatever they want.
I don't think you're supposed to leave it to your kids. Then it gets caught up in guardianships and conservatorships. You're supposed to leave it all to a trust, in which you and your wife are both trustees, and in which all of you, including your kids, are the beneficiaries. Then there only needs to be a successor trustee appointed.
Basically what you described is the same thing as intestate succession (I'm pretty sure).
When we met with our trust attorney to set up our trust she told us pretty much exactly what Steve said there.
Yeah. All correct but I'm with bengal. Its not that hard unless you're flush. Just get a good state specific form and it will have all that stuff baked in. This pro Bono form has the good stuff.
Last edited by HaulCitgo on Mon Mar 16, 2020 2:23 pm, edited 1 time in total.
BSF21 wrote: ↑Mon Mar 16, 2020 11:08 am
Guys seriously how do you deal with this feeling of dread? I'm not so much scared of getting sick as I am of the way other people are going to act if this gets bad. All the medical professionals in my life are really highly concerned and it's starting to get me really churned up. I'm sure I'm overreacting but this is rough.
Yesterday afternoon/evening was bad for me. I got two calls from family members in quick succession to wish my Happy Birthday. That got the anxiety going.
I'm booked to fly out in the morning and I'll be home for dinner, but Pandora's box of what could happen really opens. Should I run upstairs, shower, and put on clean clothes as soon as I get in the door? Then what? Stay away from everyone? Hug my kids?
I generally have a reasonable idea of what to do in life, which is what makes this so bad. Feeling helpless is no good.
“All I'm sayin' is, he comes near me, I'll put him in the wall.”
HaulCitgo wrote: ↑Mon Mar 16, 2020 2:13 pm
Yeah. All correct but I'm with bengal. Its not that hard unless you're flush. Just get a good state specific form and it will have all that stuff baked in. This pro Bono form has the good stuff.
I, [CLIENT COMPLETE NAME], *[also known as______________,] a resident of *[________________] County, Georgia, make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and codicils at any time heretofore made by me.
ITEM II
(a) As of the date of the making of this Will, I am *[married to *[name of spouse]
* [_______________] (hereinafter referred to as my “spouse”)] * [not married].
(b) * *[The names of my currently living
children are (insert complete legal names of all children) * [ ]]. * [I have no deceased
children with currently living descendants.] As used herein, the terms “child,” “children,” “descendant” and “descendants” refer at any given time only to persons specifically named herein or persons who prior to that time were (i) born in wedlock, (ii) born out of wedlock to parents who subsequently married each other, (iii) born out of wedlock to a parent who acknowledged to any fiduciary serving hereunder by signed written instrument that such person is his or her natural child, or (iv) legally adopted before reaching the age of eighteen (18) years. The provisions of this Will are made in contemplation of the possible birth or adoption of a child or children and shall not be revoked by any such event.
ITEM III
I wish my body *[buried in a suitable manner and a suitable memorial erected] *[cremated and the ashes scattered or otherwise disposed of as directed by my Executor], but without unnecessary expenses or extravagances. The entire cost of such shall be borne by my estate and paid by my Executor.
ITEM IV
I direct that all of my due and payable debts, the expenses of my last illness and funeral, the expenses of the administration of my estate, all estate, inheritance and similar taxes payable with respect to property included in my probate estate, any interest or penalties thereon, and any unpaid charitable pledges, whether or not such pledges are legally enforceable, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property, provided, however, that my Executor may make claim for any taxes imposed upon my estate for any property included in my gross estate but passing outside this Will to someone other than my residuary beneficiaries.
ITEM V
I give all real estate owned by me at the time of my death, and all rights that I have under any related insurance policies, to *my spouse, if *my spouse survives me, subject to any indebtedness secured thereby.
ITEM VI
(a) *[I give my (insert description of property) *[ ] to my (insert
relationship of beneficiary to testator) *[ ], (insert name of beneficiary)
*[_______________], currently a resident of (insert city and state of beneficiary’s current residence)
*[_______________], if *[he/she] survives me.
I give my *[_______________] to my *[_______________], *[_______________], if *[he/she] survives me.
I give my *[_______________] to my *[_______________], *[ _______________], if *[he/she] survives me.]
(OPTIONAL: Provision for extensive bequests of tangible personal property) * [I may
have left with this Will a letter signed by me and bequeathing certain tangible personal property I may own at the time of my death to the persons named therein, and I direct the Executor to distribute such property in accordance with the terms and provisions of any such letter. I understand that any such letter executed after the signing of this Will may not be legally binding upon my Executor, but I request that my Executor honor my wishes as expressed in any such letter.]
I give all (remove the following bracketed language if there are no specific bequests of
tangible personal property) * [of my remaining] tangible personal property owned by me at the time of my death, including, without limitation, personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to *my spouse, if *my spouse survives me, or if *my spouse does not survive me, to those of my children who survive me, in substantially equal shares, to be divided among them as they shall agree, or if they cannot agree within sixty (60) days, or if any of them shall be under the age of eighteen (18) years at the time of my death, then as my Executor shall determine. The reasonable costs of delivering such property shall be paid by the Executor as an expense of my estate.
ITEM VII
(a) *[I give money or other property with a value equal to *[_______________]
Dollars ($*[______________]) to my (insert relationship of beneficiary to testator)
*[________________], (insert name of beneficiary) *[________________], currently a resident of
(insert city and state of beneficiary’s current residence) *[_______________], if *[he/she] survives me.
(b) *[I give money or other property with a value equal to *[_______________] Dollars ($*[_________________]) to my *[_______________], *[_______________], currently a resident of *[________________], if *[he/she] survives me.
ITEM VIII
I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, including any lapsed or void legacy or devise, (but not including any property over which I may have the power of disposition or appointment) that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my “residuary estate”), to *my spouse, if *my spouse survives me, otherwise to *my then living descendants, per stirpes, but in default of such descendants, to the persons who would be entitled thereto under the laws of descent and distribution of the State of *Georgia if I had died intestate at that time owning such property in fee simple.
ITEM IX
(Optional Trust for Minor Children (and Adults Who Act Like Minor Children))
If any beneficiary otherwise entitled to any distribution from my estate shall at such time be under the age of twenty-one (21) years, then the share of such beneficiary shall not be paid or distributed outright to such beneficiary but instead shall be held in trust by my Executor, acting as Trustee, as follows:
The Trustee shall hold, manage, invest and reinvest each such share set aside for a beneficiary in a separate trust and shall distribute to or for the benefit of the beneficiary so much or all of the net income or principal thereof as the Trustee, in its sole discretion, shall deem necessary to provide for such beneficiary’s health, education, maintenance and support, taking into consideration any other resources available to such beneficiary. Any net income not so paid shall be accumulated and added to principal at least annually and thereafter shall be held, administered and disposed of as a part thereof.
When such beneficiary attains the age of twenty-one (21) years, the trust for such beneficiary shall terminate and any remaining principal and income shall be paid and distributed to such beneficiary. *[ALTERNATIVE: When such beneficiary attains the age of twenty-one (21) years, the Trustee shall distribute to such beneficiary one-half (1/2) of the property then held in trust, and when such beneficiary attains the age twenty-five (25) years, the entire trust for such beneficiary shall terminate and any remaining principal and income shall be distributed to such beneficiary.] If such beneficiary dies before said age, such principal and income shall be paid and distributed to such beneficiary’s then living descendants, per stirpes, but in default of such descendants, to my then living descendants, per stirpes, provided, however, that if any such descendant is a beneficiary of another trust under this Will, such property otherwise distributable to such beneficiary shall be held in accordance with such trust. If I have no then living descendants, such property shall be distributed to the beneficiaries of my residuary estate then in being as provided in this Will, or if there are none, to the persons who would be entitled thereto under the laws of descent and distribution of the *State of Georgia if I had died intestate at that time owning such property in fee simple.
ITEM X
[OPTIONAL “Special Needs” Trust for Beneficiaries receiving Needs Based Government Assistance
DELETE THIS ITEM IF NOT NEEDED]
The Trustee shall hold the share created for the benefit of my child, (insert name of
special needs beneficiary) *[ ], if *[he/she] is then living, in a separate trust, upon
the uses and trusts hereinafter set out.
During the lifetime of *[ ], the Trustee shall hold, manage,
invest and reinvest the trust property, and may, at any time and from time to time, in its sole and absolute discretion, pay out, use or apply to or for the benefit of such child so much of the income and principal of the trust, and for such purposes, as the Trustee, in its sole and absolute discretion, may deem necessary or advisable, taking into consideration all factors the Trustee deems pertinent, including any benefits such child otherwise receives or may receive as a result of any handicap or disability from any local, state or federal government or agencies, or from any private agencies, any of which provides services or benefits to handicapped persons. Any income not paid out or used currently shall be accumulated and added to the principal of the trust.
(c) My primary desire is that this trust provide such child with a higher quality of life than that provided by entitlement and other assistance programs, and that my child receive distributions from this trust in addition to any benefits *[he/she] receives or may receive as a result of any handicap or disability from any local, state or federal government or agency, or from any private agencies, any of which provides services or benefits to handicapped persons. I wish the Trustee to be guided by this consideration in determining the amounts to be used for my child hereunder. It is my intention that any trust distributions hereunder will supplement, rather than supplant, any benefits which my child receives or may receive from such governments or agencies. The Trustee shall take into consideration the applicable resource and income limitations of any public and private entitlement and assistance programs for which my child is or may be eligible in deciding whether to make any discretionary distributions hereunder, and shall undertake a comprehensive annual review of any such programs for which my child is or may be eligible.
In the event the Trustee is requested by any department or agency to release principal or income of this trust to or on behalf of my child, to pay for equipment, medication or services that any such organizations or agencies are authorized to provide, or in the event the Trustee is requested by any department or agency administering such benefits to petition a court or any other administrative agency for the release of trust principal or income for this purpose, the Trustee is authorized to deny such request and is authorized to defend, at the expense of this trust, any challenge to this Item or other attack of any nature on the assets in this trust.
The Trustee shall consult periodically with those persons or institutions, if any, providing my child with professional or personal services, including, but not limited to, health care, developmental, therapeutic and educational services, regarding my child’s development and capabilities. Such periodic consultations shall form the basis for any adjustments which need be made in the amount and frequency of distributions from the trust to or for the benefit of my child to reflect any changes in my child’s physical and mental development.
The Trustee may also distribute to my child that portion of the principal of the trust which the Trustee believes my child is capable of managing outside the trust, if the Trustee deems such an exercise of management powers by my child over such property to be in my child’s best interest. The Trustee shall carefully consider the effect of any distribution hereunder on my child’s eligibility for local, state or federal entitlement and assistance programs which provide services or benefits to handicapped persons.
The interest of my child, in this or any other trust created hereunder shall not be transferred, assigned or conveyed and shall not be subject to the claims of any creditors of my child, or of any local, state or federal government or agency, or of any private agencies, and the Trustees shall continue distributing trust property directly to or for the benefit of my child as provided for herein notwithstanding any transfer, assignment or conveyance or action by such creditors, governments or agencies. If the Trustee is prevented by any transfer, assignment or conveyance or by any proceeding brought by any such creditor, government or agency or by any bankruptcy, receivership or other proceeding, from distributing property directly to or for the benefit of my child, the Trustee shall hold and accumulate the property which would otherwise have been distributed until the Trustee is able to distribute such property directly to or for the benefit of my child or until *[his/her] death, whichever first occurs; and on the death of my child, any such property so held and accumulated shall become a part of the principal of the trust and shall be disposed of as provided for the principal.
(h) On the death of my child, all property remaining in the trust shall be distributed, per stirpes, to *[his/her] surviving descendants, if any, and if none, to my descendants who survive my child, per stirpes.
If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or hold such property in trust and use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, conservator, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If the beneficiary dies before the complete distribution of any amount held hereunder, any balance shall be paid and distributed to the estate of the beneficiary.
ITEM XII
The interest of any beneficiary of any trust created under this Will shall not be transferred, assigned or conveyed and shall not be subject to the claims of any creditors of such beneficiary, and the Trustee shall continue distributing trust property directly to or for the benefit of such beneficiary as provided for herein notwithstanding any transfer, assignment, conveyance or action by creditors. If the Trustee is prevented by any transfer, assignment or conveyance or by any proceeding brought by any creditor, or by any bankruptcy, receivership or other proceeding, from distributing property directly to or for the benefit of any beneficiary, the Trustee shall hold and accumulate the property which would otherwise have been distributed until the Trustee is able to distribute such property directly to or for the benefit of such beneficiary, or until the death of such beneficiary, whichever first occurs; and on the death of such beneficiary any such property so held and accumulated shall become a part of the principal of the trust and shall be disposed of accordingly.
ITEM XIII
*[OPTIONAL DISINHERITANCE PROVISION]
I have considered in the process of writing this document (insert name(s) of person(s) whom the testator desires to take nothing from the estate) *[ ]. I have intentionally
omitted to provide for, and specifically direct and will that under no circumstances shall any part,
share or interest of my estate go to, vest in, or be taken by (insert name(s) of person(s) whom the testator desires to take nothing from the estate) *[ ] *[their respective spouses and
children, heirs and assigns] *[and I hereby generally and specifically disinherit each and any and all persons whomsoever claiming to be or who may be lawfully determined to be my heirs at law who are contemplated in this Item, notwithstanding anything to the contrary in this Will].
ITEM XIV
(a) I appoint *my spouse (or, if the Executor is someone other than the spouse) * [my
(insert relationship of Executor to testator) * [ ], (insert name of Executor)
* [ _______________], currently a resident of (insert city and state of Executor’s residence)
*[ ], to be my Executor hereunder. If my named Executor shall fail to qualify for any reason or having qualified, shall die, resign or cease to act for any reason, then I appoint my (insert relationship of successor Executor to testator) * [ ], (insert name of
successor Executor) * [ ], currently a resident of (insert city and state of successor
Executor’s residence) * [ ], as successor to my Executor, but if my successor
Executor shall fail to qualify for any reason or having qualified, shall die, resign or cease to act
for any reason, then I appoint my (insert relationship of second successor Executor to testator)
* [_______________], (insert name of second successor Executor) * [ ], currently a
resident of (insert city and state of second successor executor’s residence) * [ ], as
successor to my Executor. In the event that any trust is created under any provision of this Will, the initial and successor Trustee(s) of any such trust(s) shall be the same person(s) as named above to be my initial and successor Executors, and any references herein to “Executor” shall, with respect to any such trust, be deemed to be a reference to the Trustee, and the Trustee of any such trust shall have all of the powers, privileges and immunities with respect to such trust as the Executor has with respect to my estate.
I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction, nor shall my Executor be required to file any inventory or other reports with any court.
No Executor serving hereunder shall be required to inquire into or audit the acts or doings of any predecessor Executor or to make claim against any such predecessor or the estate of such predecessor.
(d) Any successor Executor shall have and may exercise all of the powers, privileges,
immunities and exemptions conferred upon the predecessor Executor as fully and to the same extent as if such successor had originally been named as Executor hereunder. My Executor shall keep full accounts and shall make and furnish statements of all receipts and disbursements at least annually to each person then eligible to receive income from my estate or any trust created hereunder and shall at any time, upon reasonable request of such person, provide full information to such person as to the condition of my estate, including amounts received and disbursements made. The Executor herein named and each successor Executor may resign without the order of any officer or court and without consent of any beneficiary of any provision of this Will upon giving such Executor’s successor and all persons then entitled to receive income hereunder, or the parents or guardians of such persons, thirty (30) days advance written notice of such Executor’s intent to resign from such Executorship.
ITEM XV
[OPTIONAL “NO-CONTEST” PROVISION]
Should any beneficiary *[other than my spouse] contest or initiate proceedings to contest the validity of this Will or any provision herein or to prevent any provision herein from being carried out in accordance with its terms (whether or not in good faith and with probable cause), then all the benefits provided for such contesting beneficiary in this Will *[and for such beneficiary’s descendants] are revoked and annulled. Such benefits, if not part of the residue of my estate, shall go over to and become a part of the residue of my estate. If such contesting beneficiary is a beneficiary under any Item of this Will which disposes of the residue of my estate, such contesting beneficiary shall cease to be a member of the class of beneficiaries to whom distributions are required or permitted to be made under such Item. Upon the final division and distribution of the property passing under such Item, the share to which such contesting beneficiary would otherwise have been entitled shall be distributed to such persons and in such manner as if such contesting beneficiary *[and all of such beneficiary’s descendants] had died immediately prior to such division without exercising any power of appointment which he or she might otherwise have had hereunder.
ITEM XVI
I grant to my Executor all powers conferred upon fiduciaries under Official Code of Georgia Annotated Section 53-12-232, as amended, or any successor thereto, and all powers conferred upon executors and trustees wherever my Executor may act. The term “Executor” wherever used herein shall mean the executor, executrix or administrator in office from time to time and shall also mean any Trustee of any property held in trust hereunder. Any Trustee serving hereunder shall have the power to appoint an independent co-Trustee for the purpose of exercising discretion with regard to any distribution which could have the effect of discharging any legal obligation of the Trustee.
ITEM XVII
I direct that, for purposes of this Will, a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty (30) days.
ITEM XVIII
*The provisions made in this Will for *my spouse and my minor children are in lieu of Year’s Support.
ITEM XIX
If a child of mine requires the appointment of a guardian or conservator, it is my wish that the following shall serve (in the order named):
First:
Next:
*[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal to this, my Will, this _____ day of 20___.
(SEAL)
[CLIENT COMPLETE NAME]
The foregoing instrument was signed, sealed, published and declared by [CLIENT COMPLETE NAME], the above-named testator, to be such testator’s last Will and testament in our presence, all being present at the same time, and we, at such testator’s request and in such testator’s presence and in the presence of each other, have subscribed our names as witnesses on the date above written.
WITNESSES:
Print Name:
Print Name:
ADDRESSES:
SELF-PROVING AFFIDAVIT
Before me, the undersigned authority, on this day personally appeared [CLIENT COMPLETE NAME], and ,
known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said individuals being by me duly sworn, [CLIENT COMPLETE NAME], testator, declared to me and to the witnesses in my presence that said instrument is the Last Will and Testament of the testator and that the testator had willingly made and executed it as the testator’s free act and deed for the purposes expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is the testator’s Last Will and Testament and that the testator executed the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witnesses had signed the same as witness in the presence of the testator and at the testator’s request; that the testator was fourteen (14) years of age or over and of sound mind; and that each of the witnesses was then at least fourteen (14) years of age.
(SEAL)
[CLIENT COMPLETE NAME]
Witness
Witness
Sworn to and subscribed before me by [CLIENT COMPLETE NAME], testator, and sworn to and subscribed before me by and
, witnesses, this day of , 20__.
BSF21 wrote: ↑Mon Mar 16, 2020 11:08 am
Guys seriously how do you deal with this feeling of dread? I'm not so much scared of getting sick as I am of the way other people are going to act if this gets bad. All the medical professionals in my life are really highly concerned and it's starting to get me really churned up. I'm sure I'm overreacting but this is rough.
Yesterday afternoon/evening was bad for me. I got two calls from family members in quick succession to wish my Happy Birthday. That got the anxiety going.
I'm booked to fly out in the morning and I'll be home for dinner, but Pandora's box of what could happen really opens. Should I run upstairs, shower, and put on clean clothes as soon as I get in the door? Then what? Stay away from everyone? Hug my kids?
I generally have a reasonable idea of what to do in life, which is what makes this so bad. Feeling helpless is no good.
brian wrote: ↑Mon Mar 16, 2020 12:22 pm
First COVID-19 death reported in Nevada today.
First in KY, too.
We also have an individual who is being held on house arrest. Despite testing positive, he refused to quarantine, so they posted deputies at his house.
Good for Kentucky. By the way, when you come up to the NE to get your daughter, make sure you keep us who are over this way in the loop in case you need anything - that's reachable to assist for a bunch of us.
I'm leaving tomorrow. Gonna see where I am about 2 PM and decide how far to go. Appreciate the kindess, of course.
Anyone got an audiobook that is about 15 hours long they recommend?
I'm an hour south of tb, so, yeah, let me know if you need anything en route.
You can lead a horse to fish, but you can't fish out a horse.
BSF21 wrote: ↑Mon Mar 16, 2020 11:08 am
Guys seriously how do you deal with this feeling of dread? I'm not so much scared of getting sick as I am of the way other people are going to act if this gets bad. All the medical professionals in my life are really highly concerned and it's starting to get me really churned up. I'm sure I'm overreacting but this is rough.
Yesterday afternoon/evening was bad for me. I got two calls from family members in quick succession to wish my Happy Birthday. That got the anxiety going.
I'm booked to fly out in the morning and I'll be home for dinner, but Pandora's box of what could happen really opens. Should I run upstairs, shower, and put on clean clothes as soon as I get in the door? Then what? Stay away from everyone? Hug my kids?
I generally have a reasonable idea of what to do in life, which is what makes this so bad. Feeling helpless is no good.
Dsafe (which I read like the Substitute sketch on Key & Peele, as Dee-Nice)
You are not being weird or overly fussy here.
When I got back from India many years ago, my wife had me keep my luggage in the carport and insisted I head in and drop my clothes in the laundry and take a long hot shower. And that wasn't related to any specific health scare.. That's just how she rolls.
Be overly cautious, what's the harm. Your kids are gonna get the virus if you're carrying.... You're really not supposed to social distance with your own family, because that's pretty much impossible and maddening.
You can lead a horse to fish, but you can't fish out a horse.
tennbengal wrote: ↑Mon Mar 16, 2020 12:11 pm
I am the asshole type of attorney who never got around to doing my own will.
So...I am doing one now.
Do you know what you're doing? If not, there's a good chance you will do more harm than good by doing a will. If you die intestate, I am pretty sure it all goes to your wife. If you are going to try to do something different, talk to someone who does that kind of thing.
I went to a friend of mine for our wills, and it's amazing how much specialized knowledge is involved, particularly when kids are in the mix.
I have a little skill. But the on-line form I used was pretty simple - if I go - it all goes to Jen. If she is gone - the kids get it equally. If we are all gone, Geep. If all of that doesn't work, whoever from the swamp gets to my house before the looters can have whatever they want.
I don't think you're supposed to leave it to your kids. Then it gets caught up in guardianships and conservatorships. You're supposed to leave it all to a trust, in which you and your wife are both trustees, and in which all of you, including your kids, are the beneficiaries. Then there only needs to be a successor trustee appointed.
Basically what you described is the same thing as intestate succession (I'm pretty sure).
