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do I need to make a will?

Discussion in 'Power of Attorney & Living Wills' started by the bookwerm, Jul 28, 2021.

  1. the bookwerm

    the bookwerm Law Topic Starter New Member

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    Jurisdiction:
    New York
    I am old, no wife or kids and have one sibling and plan on dying soon. I want to leave my property to my younger brother so I don’t need to make out a will, do I?
     
  2. justblue

    justblue Well-Known Member

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    sigh...You were advised on your last thread regarding your brother.

    do I inherit by default?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Yeah, make a will. They don't cost much and will make things easier for your brother.
     
  4. Zigner

    Zigner Well-Known Member

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    So...
    Were you lying last year, or are you lying now?
     
    justblue likes this.
  5. the bookwerm

    the bookwerm Law Topic Starter New Member

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    OOPS!
    I forgot that I had posted that last year.
    My brother just happens to be here now, and we were going over some stuff.
    I accept your apology.
     
  6. Zigner

    Zigner Well-Known Member

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    I see - so the lie happened now.

    I'll let it slide.

    You received suggestions on how to handle this in the prior thread. Review that thread.
     
  7. zddoodah

    zddoodah Well-Known Member

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    What sort of property are you talking about? A piece of real estate? Your baseball card collection? Etc.

    If you die without a will, your assets become part of your estate. Assuming someone steps up to administer your estate, that person will need to identify and take possession or control of your assets, identify your debts, use liquid assets to pay the debts and liquidate non-liquid assets if needed, and distribute anything that remains according to your state's laws of intestate succession.

    If you have no surviving spouse or surviving issue (children, grandchildren, etc.) and no surviving parents, then your estate will be divided between the issue of your parents. If your brother is the only person who fits that description, then he'll get whatever is left of your estate after it has been administered.

    If you make a will, you can achieve the same result. You could also create a trust, which might avoid probate.

    One point of caution since you're in NY. Depending on your county of residence, avoiding probate and avoiding any involvement by the public administrator will be of paramount importance if you're talking about a piece of real estate and want to ensure it goes to your brother after your death.
     
  8. zddoodah

    zddoodah Well-Known Member

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    I can't tell from this whether you're the dying brother or the younger brother. Whatever the case, I've now answered this twice for you.
     
  9. Zigner

    Zigner Well-Known Member

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    A trust may also be a wise instrument. As indicated previously, speak to an estate planning pro. (If that wasn't mentioned previously, then do it anyway.)
     
  10. army judge

    army judge Super Moderator

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    Please accept my sincere condolences upon your imminent death.

    May you rest in peace, and may your passing be painless.

    That said, as you'll soon be in the afterlife, why not avoid the hassle and simply GIVE your brother EVERYTHING you will SOON no longer need today????
     
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