Atheists - would you comfort your terminally ill relative/friend?

The whole purpose of probate court is to provide a forum for heirs to contest their claim to the estate of the deceased person. The court will supervise the distribution of any asset that has not been otherwise disposed of. A will is merely a device giving instructions to the probate judge telling what you want done with your property.

The judge will try to follow those guidelines as closely as possible. In the event of no will being present, then the rules of intestacy will apply. Basically, the court discovers who the next of kin is and they become the heirs.

The situation you describe is one where your friend is anticipating trouble up ahead so he made a will giving you his estate. That was good but he is also aware that his family will contest the estate and the will causing you months of grief and many dollars of legal expenses. Giving you the money now is a good idea as long as he can verify that he is legally competent to make that gift.

The first thing the family will do is claim that you exerted undue influence over him to make him give you all his money. You need certified medical psychologists to put on record that he is of sound mind and fully appreciates what he is doing and that you are his intended heir. This should be attached to the will, which should remain in full force and effect, do not destroy it.

However, make sure that the will also carries a disinheritance clause stating that he does thereby, with full knowledge and intent, omit to give anything to any of his natural heirs, and then name them. The more time you have between the will and his death and the gift and his death, the better off you will be. If you will follow the above steps, I think you will be all right.

I forgot about the insurance. Don't worry about it. The company will send the proceeds to the named beneficiary, you.

The family has not claim to that information or money. Best wishes.

Get with an attorney and have a will written for the 45k in the bank, wills can (and are) written specifically to exclude certain people, and are worded to deal with those who challenge the will. The life insurance policy is a moot point, it is not payable to the estate and is not part of the estate, it goes directly to you. If he gifts you the case now, and the family finds out, they can make life difficult, claim that you took advantage of a terminally ill person and took his money etc. If you want a level of added protection, when the will is written, have a trusted attorney act as the executor, and take yourself out of the loop...... Wills, once probated, are public record.

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.

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