On a 'Last Will and Testament". If the willing person is giving his vehicles to him, does this need to be specifically stated?

Attorney answers (1)

1. 

   James Frederick

   Livonia Probate Attorney

   Contributor Level 20

   Answered July 16, 2012 08:28. There is what is required and there is what is best. It sounds like what is required has been accomplished and your father has a valid Will. What is best depends on the situation. In YOUR situation, since you are anticipating problems with your sister, I believe that everything should be specifically spelled out. The cars should be dealt with, (even though it would appear under your facts that they are joint with you and your father and would thus not be considered probate assets passing under the Will). You would want him to clarify that the personal items are not considered to be part of your half.
   
   The bigger problem I see here is that, because you and your sister cannot get along, it might be better to avoid probate, altogether. It is not possible to do this with a Will. Your father would need to set things up so title passes automatically upon his death. That way, the two of you would simply take your assets and go your separate ways. Otherwise, you could be battling each other in probate, for years.
   
   This is not something your father should set up on his own. He needs an attorney to assist him with it. And you should not be a part of hiring the attorney and you should not be present when your father meets with the attorney and/or signs his documents. This eliminates the argument from your sister that you unduly influenced your father.
   
   Along with whatever else your father signs, he should have a durable Power of Attorney form, so you can handle his health and financial matters for him, if he ever becomes incapacitated.
   
   James Frederick

   *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. less

   • Mark as helpful
   • Flag