While we're on the subject of wills, if you have any assets and want to leave them

[raccoon]

to a particular person(s), you better have one.

I heard years ago, that in SC if a man was married and the couple had no children, if he died without a will,
his brothers and sisters could get some of his estate. I don't know if this is still the case, but anyway,
I'd say better find out what your state laws are like if you don't have a will and have some assets.

[grasswire]

1. while we're on the subject of wills......

....is it unusual for the executor of an elderly person's will to be the one who has power of attorney for medical decisions AND be the beneficiary of the substantial estate?

[DURHAM D]

2. No

[Heddi]

3. I don't think so...

Medical POA doesn't give anyone any financial control, jjust the ability to make medical decisions if the person is unable to make the decisions themselves.

I am my mother's sole heir, I am her POA medical/financial and the only beneficiary. Granted, she never has more than $10 to her name, so I'm not looking at inheriting a Hearst-like empire, but still

My husband's eldest sister is the executrix of her dad's estate, medical POA and one of several beneficiaries of the will.

[elleng]

4. Probably not unusual,

especially if not many close relatives, but obviously opens the door to questions. Beneficiary should NOT have been the witness to signing of the Will.

[leftstreet]

5. Not many people have 'substantial estates'

But no, it's not unusual at all

[tammywammy]

8. No, my aunt was POA and executor of my grandfather's estate.

She also had financial control and paid all his bills for him. If he couldn't have made medical decisions it would have been up to her as well, but he was competent until the very end. She was one of five children and in the best position to do the roles.

I am one of three children and my mother's power of attorney (legal & medical) and executor when that comes to pass.

[grasswire]

9. but are you the sole beneficiary despite there being other relatives?

That's what's interesting to me. The elderly person in question has no living chilldren, just lots of nieces and nephews and one older sister. The one niece who is the executor and who has POA has arranged to be the sole beneficiary of the estate, which is about $400,000. Interestingly enough, I have observed her discouraging the aunt from spending money on such things as a walker, which she needs quite badly. She is using a hand-me-down old ratty walker that she has to drag along and that is putting her in danger.

[Bunnahabhain]

10. Medicare covers DME

Durable Medical Equipment that is medically necessary. There is no need for her to buy a walker, and besides, a good walker only runs $150-200. Either way, if I was as concerned as you, I would go get the poor thing a walker on my own dime.

[Blue_In_AK]

13. No, it's not.

My husband's mother moved to Alaska to be close to us in her later years, and my husband took care of all her finances, medical issues, etc. He was also the executor of her will. He split the estate (which wasn't a whole lot) equally between him and his two siblings, even though his mom had only wanted to leave his sister $100 since they had had "issues." My husband's sense of fairness wouldn't allow that, so she got the same as he and his brother.

I've drafted lots of wills in my life, and it's fairly common for the executor and POA to be one and the same.

[Nay]

15. No, I was the executor of my mom's very small estate and had all those powers. nt

[loli phabay]

17. dont know if its unusual, i am all things for my father and my mother in law and my wifes

Grandmother, was not hard to do and the lawyers had no problems doing it.

[last1standing]

6. I'll admit I'm only into my second class of Trusts & Estates...

but from what I gather so far, only Louisiana has laws that could have the effect you describe. All other 49 have direct inheritance of all assets to the spouse in the event of intestacy.

I'm also being told repeatedly that the best form of ensuring inheritance is to set up a trust. No will, no contest.

[elleng]

7. Right, and also, similar,

'Transfer on Death' vehicles.

[Ilsa]

11. "all assets to spouse"? I'm not sure of that

unless it's changed in community property states. My understanding from estates thirty years ago that if they die intestate, the surviving spouse keeps their half of community property, the other half is divided by the direct heirs, that is, children Unless There Is A Will Specifying Who Receives the deceased's half of the community property (the surviving spouse).

I don't know of any children who've tossed a parent out of a house trying to claim their share of property, though.

Please let me know if I'm out of date, though.

[Bunnahabhain]

12. Read King Lear

Concerning children tossing parents out. It's the advice I give people all the time.

[grasswire]

16. you advise people to toss parents out? nt

[Bunnahabhain]

20. Yeah, that's what I was saying.

Now go buy that poor woman a walker.

[grasswire]

21. she's not poor

Just gaslighted.

[Bunnahabhain]

23. Effectively, she's poor.

She is being advised against her best interests not to spend the money. However, I was not using the word "poor" in that sense. I can see, based on your initial reply to me, you tend to think in concrete operational terms. In the context the word "poor" was used it connotes "eliciting or deserving pity." Help the poor thing out.

[last1standing]

14. After two classes I won't claim to be an expert but I don't think that's correct.

While most states have laws forcing half of the decedent's estate transfer to the spouse, I don't think it's the general rule that half goes to the children when there is a living spouse. The obvious reason for this is that it would leave many spouses destitute and also most assets between the average couple (excluding the one percent) tend to be covered under the laws of joint tenancy (real property, bank accounts, etc...).

If you find differently, please let me know.

[1-Old-Man]

18. It differs from state to state. In WV if a man dies intestate his wife gets nothing.

In West Virginia if a (married) man with children dies and has not made a will his wife gets nothing and his entire estate is divided between the children.

All adults need to write a will. Hell, you can get blanks on line and fill them out in minutes. Print the thing and then sign it in front of a Notary with the requisite number of witnesses, I think this state required 3, and their addresses.

[snooper2]

19. my advice is

Dont get legal advice from a web forum

[Le Taz Hot]

22. Wills won't avoid probate.

Trusts do that.