Legal Question in Wills and Trusts in California
Simple Will for MS patient on SSI
My 38-year old brother is very ill with multiple sclerosis. Never married and no children, he is supported by SSI benefits and has virtually no estate, except for (eventually) his 1/3 of our 80-year-old mother's Family Trust, which part will be placed in a Special Needs Trust for him upon her demise. He does have a few personal items he would like to bequeath to family members. Because of finances, he would like us to help him prepare a simple Will. Can you advise where to find the applicable document(s)? Thanking you in advance for your guidance.
2 Answers from Attorneys
Re: Simple Will for MS patient on SSI
The State Bar of California provides access to some forms, which you might examine to see if you are comfortable with your understanding of them. Try this website: http://www.calbar.org/2sec/3est/form6240.htm, which contains the statutory will form. This form is probably contained in some reference books you can examine at your pitifully underfunded California public library - ask the reference librarian for books about wills and estates. To prepare, I suggest you and your brother write out what he wants to have happen with various specific items and how he wants to divide the rest of his estate. He should not assume that the trust estate from your mother will automatically pass from his benefit to other beneficiaries (though I presume she had a lawyer prepare her estate planning documents so that her assets are distributed the way she wants.) So he should make a provision for the residue of his estate just in case he has more than he expects.
Re: Simple Will for MS patient on SSI
Go to www.nolo.com
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