Father wants to write a will

[Ithildriel]

What is the name of your state? California

My father currently does not have a will or living will. He has no assets really at this point, save a late model truck in poor condition. Due to health conditions, I have convinced him that he needs to create a living will. We are going to do it while he is at my home for Thanksgiving (my father is 63 by the way).

He stated that he also wanted to create a will. Through the forums I found a link to a website that had free forms, and downloaded the one for single persons with adult children. His intent as I understand it is to leave everything to his 2 children, split 50/50, and he is assuming that will be a negative. Following is my predicament.

If we do this now, then it is true, he is not married, and he lives in California. However, he is planning on marrying a woman that he met on the internet in January 2006. At that time they may move out of California in order to live more comfortably on their fixed income.

My question is, does he need to rewrite the will if he gets married, or would the one he does now stand. As a second part of the question, would his will become void, or should he redo it if he moves out of the state of California.

Again, there are no real assets, he lives from check to check. He jokingly (I hope) said that he just wants to make sure his new wife doesn't get stuck with his debt. Thanks for any help you can give me!

 

[seniorjudge]

If your father cares about where the stuff goes when he passes, he will hire a competent estate planning attorney.

 

[Ithildriel]

Thanks for the advice, and if he had any assets at all, then I would agree. However, since he has only a few hundred dollars at any one time in his checking account, I am not sure that I could convince him that paying an estate attorney to set up a will that would virtually distribute nothing, would be worth the money it would cost to set up.

 

[seniorjudge]

Thanks for the advice, and if he had any assets at all, then I would agree. However, since he has only a few hundred dollars at any one time in his checking account, I am not sure that I could convince him that paying an estate attorney to set up a will that would virtually distribute nothing, would be worth the money it would cost to set up.

Then if he doesn't care, have him do one of two things:

1. Nothing

OR

B. Use one of those free internet forms or cheap software will kits.

(I don't recommend either one.)

 

[Ithildriel]

Then if he doesn't care, have him do one of two things:

1. Nothing

OR

B. Use one of those free internet forms or cheap software will kits.

(I don't recommend either one.)

Yes, he wants to use one of the free internet forms, which I got yesterday.

The issue is, he is single now, so I downloaded the form for a single person. In two months he will be married however. My concern is that if we do the will for him now, as a single person, would it still be valid once he is married?

 

[seniorjudge]

Q: My concern is that if we do the will for him now, as a single person, would it still be valid once he is married?

A: Once he gets married, he should re-do his will to include his new internet honey. When he gets divorced from her, he needs to re-do it again.

 

[Ithildriel]

Q: My concern is that if we do the will for him now, as a single person, would it still be valid once he is married?

A: Once he gets married, he should re-do his will to include his new internet honey. When he gets divorced from her, he needs to re-do it again.

That's what I thought. Thanks!