Legal Question in Wills and Trusts in Florida
Last Wishes outside of a Will.
Recently, some friends have entrusted me with a small part of their final affairs; essentially, an unwritten will. They've entrusted me with names and addresses of some of their friends that they want to be notified when they pass away, but who would not be interested in coming to their funeral. To some of these friends they've even written short notes or entrusted small pieces of property, to be delivered only upon their death.
I'm concerned with the legal ramifications. I can see that there's the possibility that property might have to be turned over to the estate, despite the wishes of the deceased, so there's one question. And I'm not all that sure what people receiving messages from the grave would think, if they'd have any grounds to sue, especially if they didn't like the message, so there's another question.
Next question: what are my responsibilities if I receive compensation for this (whether I ask for it or they just give it to me)?
And last question: Which state's laws matter, the one I live in or the one they live(d) in? Your location selector doesn't permit "USA".
I'm not looking to be an unofficial will broker, or a tax dodge or a bone of contention in families, I'm only interested in fulfilling these people's last wishes. There are many instances on TV shows where someone who is dying entrusts someone to give a piece of property or a final message to another person, but the legality is never mentioned. (And even if it was, it's TV.) In fact, where it clearly crosses the line between a Will and a Favor, I suggest they write out a will and see a lawyer.
Thank you for your assistance.
- Jim
3 Answers from Attorneys
Do yourself a favor - insist that they have a will prepared with a memorandum stating where they want their personal possessions to go. Otherwise, without a will it, the estate will be treated as intestate and the assets will pass according to inheritance laws.
Jim:
Probably the best thing that you can do to help avoid all of the issues you stated above is to encourage your friends to see an estate planning attorney, and have their affairs put in order. Beyond that, the laws of the state where your friends are located will be binding, and it would be wrong of you to give away property that belongs to the estate and its rightful beneficiaries.
This is a big responsibility and I understand your concerns. If they are trying to pass titled assets, they need a valid will. Do you they own a house, car, etc? Consider asking them to speak with an estate planning attorney and have something legally enforceable written out on their behalf. Otherwise, their estate will pass according to state law. So, people other than those they actually want to inherit their stuff will get it. As far as notes, I don't see any legal issues for you in just passing out personal notes on behalf of the deceased because those are just pieces of paper, but you can't give away something that legally belongs to someone else. There's the rub. I have a website and blog devoted to estate planning at www.floridawillmaker.com. Please feel free to have them contact me for a consultation. Regards,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
