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PREPARING A WILL FOR DEATH

by Dr. Joseph A. Bailey II, MD., FACS on 25th-May-2017

When good people not qualified to be teachers for promoting steps toward success, they may have valuable non-expert information capable of persuading, informing, expressing, sharing, or spurring others to consider things blocking “ME/WE” benefits. This, my position as a non-attorney and non-government regulations student, concerns Death preparation comments. A Last Will or Testament is the final legal documentary instrument by which a person regulates the rights of others over her/his property or family after death–the backbone of a complete estate planIf one can afford it, my strong suggestion is to do necessary background research in preparation to obtain legal help. Certainly young people have no interest in such information about death and most (poor) people deny it, in hopes it will go away. My attention to this topic has come from writing a book on Unconditional Love and how its attributes can be displayed as Thoughtfulness—e.g. in having Good Manners, Warmth, Kindness, and a “ME/WE” connection sense for lessening emotional/mental pains. These attributes naturally flowed out of my all-Black boyhood community to all Black families. But today’s “me, me, me” self-absorbed people say easing others’ Death distresses are “not my problem”. My Dad was kind enough to put all of his business in order so as to minimize the handling of his financial and funeral problems following his death. If ones financial situation is not too complicated or bountiful, a “Do-It-Yourself” can be free or low-cost in planning the distribution of ones assets upon ones death.

First is a Handwritten Will. This is risky if its aims are contested, but legal if properly done. It must be entirely in ones own handwriting and, at least in California, does not need to be witnessed or notarized. Write legibly—date it—sign it clearly—and let loved ones know where it can be found. It is free of cost. Second, Typed Will. A Statute is a formal written enactment of a legislative body which declares, commands, or prohibits something. Statutory relates to a statute. If any part of the will is typewritten or printed, it must be signed by two witnesses. It is legal for a witness to be an “interested” party, which means she/he will be getting part of the estate. Yet, this opens the door to challenges. It is free of cost. Third, Statutory Will. This “fill-in-the-blanks” is recommended not to be used for estates valued at more than $600,000. It can be obtained on-line from the state’s bar association, click on “Attorney Forms” and then “Will Form”. Then follow the instructions. It is free of cost. Fourth, Books. Printed “Do-It-Yourself” guides include “Dummies,” Kiplinger, and Nolo and are available in book stores and libraries. Cost–$15 to $35. Fifth, is Online or Digital products for guiding one through rather simple situations. The warrior mindsets of Attorneys lead them to intentionally write the laws in “legaleze” so that by being confusing, conflicting, and ambiguous as to ensure attorneys are necessary; so clients cannot argue with them; and so they and judges can interpret things in ways that best benefit them. Hence, some of my non-legal definitions of pertinent terms include the following.

Will is your declaration of how you desire your property to be disposed of after your death and perhaps what is to be done with it. A Notary Public is a public officer authorized (among others) to administer oaths; to attest to, and certify certain types of documents; and to perform certain acts in commercial matters. A Material Witness is legally qualified to observe the execution of a Trust—and, by having ‘Eye’ knowledge, sign ones name to it in order to authenticate it (attest it); to give testimony evidence–attests or swears to facts–that might have a bearing upon the outcome of a cause before a court and that no one else is able to give; and who gives testimony under oath. A Trust is ones legal document designating certain people to do or get something. When one writes ones intentions, great care is for it to be in Precision, Accuracy, Plainness, Clearness, and Simple language—all to ensure ones intentions will be carried out as desired. A Trustee is one holding legal title or interest to deal with “Stuff” for another’s benefit + has responsibility for the assets and distribution of the assets (including income generated by such assets) in a legal manner. Equally important is to properly store records, properly let others know where they are located, and to review them every New Year’s day to see if any recipients are to be removed (e.g. because of death or being “bad actors”), enhanced, or simply maintained. It is important to have several copies. jabaileymd.com; JABLifeSkills; Theievoice.com

Category: Dr. Joseph A. Bailey II, MD., FACS.
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