'HOME' DJG1.com

 A Philadelphia PA USA Lawyer's Website
 

Hello
What I Do
Contact
Free Legal Resources & Disclaimers
BEST of Philadelphia
(Former) Best Dentist in Philadelphia area.
Voted Best Bar in Philadelphia
Archives  (You can get lost here)
The Last Word for Philadelphia
 

Comments on ~ Testamentary Papers. ~

IN HOME LEGAL SERVICES

DENNIS J. GESKER ESQUIRE

215 632 9800Philadelphia / Bucks / Montgomery County Pennsylvania USA.

                  Testamentary and end of life directives.

Do you have your 'Will' (Testamentary Disposition) in order? Does the will or trust  reflect your true distributive intentions?  A will generally leaves your assets directly, or in trust, to person(s) or entities that are not covered by operation of law, such as by an insurance policy or by a deed.
Your 'Power of Attorney' whether generally restricted in nature, and your 'Living Will', should be carefully drafted and executed. Your living will should name a medical advocate who can speak officially, intelligently and compassionately for you when you are unable to say yes or no intelligently because of mental or physical conditions.
Your absolute privacy concerns should be respected in the drafting of these documents.
I will bring a private witness to notarize your wishes in your home without the necessity of a family member or other individual's presence being necessary. You can then reveal the decisions concerning the most intimate aspects of your life at a time and place of your choosing.
Home service for personal directive documents. Preparation and execution usually requires two visits and several phone conversations. Fee for this service in Philadelphia, Bucks and Montgomery County Pennsylvania is $500.00

Hint >

http://ageingwithdignity.com/ May be a good free alternative to getting this important paper work work done without an attorney.

Some Very Informal Considerations.
To Avoid nasty family bottle throwing episodes ( or worse) and some really bad curse words following you into the hereafter.

Contra to an article in the Wall Street Journal, it is not advisable to be open and clear about an inheritance plan in a way that every family member or potential heir is apprised of your final disbursement intents.   This candor often turns out to be a fool hardy effort at family tranquility while you are living, which in reality foments rancor, and haunts family relations long after you are finished living.  Do not be overly candid about your distributive intent. You know...keep your cards close to your chest.  Remember testamentary dispositions may always be voided.  In other words you can always change you mind.  Your heirs, you can be sure, know you can always change your mind, and inevitably begin to lobby you for a better deal once they hear of what they believe to be your  initial ill thought, unfair, silly or horrendous intentions. It is far better here to draw up your final papers with a long time counsel or even some non-lawyer whose integrity and intelligence and wisdom you really esteem. Have your final intentions witnessed by at least two non- beneficiaries and notarized and placed in a secure place... safe from intrusion.  When asked who are you leaving your stuff and big bucks to .... smile benignly and indicate that you are giving it all a great deal of thought

Often it is a good idea to name a neutral third party to perform the duties of executor or trustee, to avoid family members placing their hands on each others throats when dividing up your assets.  Disinterested banks or similar institutions are often more interested in control and maximizing their fees, and are not necessarily interested in the best and subtle interest of the heirs and should be somewhat frowned upon.


If your heirs all like games... then by all means  set up a merry go round process for the party loving lot whom you imagine govong your booty. A no guns permitted in the room provision here is advisable. Have your heirs take turns picking out items they would like to have. One heir or another will proclaim "I always wanted this item" or you really really wanted him or her to have this or that item. On each round, a different blessed heir goes first. Those who take items of less worth may get their feeling eased with aahh...money.  Yes it is always the money.  Name and pay some third party to be the referee who reports to your executor on these going-ons...(ditto for next paragraph.)

Consider: When two or three or four heirs crave for some nutso reason the same damn asset, and cannot kiss and hug and resolve the issue amicably, make provisions for a silent auction or a writing auction, by writing your bid on a bid board in front of the item. (Yes the kind so popular at fund raisers. ) In all events the darling heirs bid on the desired asset or assets they want.  Note: Warn the player that the winning bid price is then deducted from the winning bidder's inheritance.  Note: If no body wants your old baseball memorabilia it will probably end up on eBay to maximize the estate.

Consider inserting clauses into your estate plans to minimize conflict, there are many, such as wordings compelling a particular mediator, (rather than litigation in terms of time and treasure and emotional wounds.), to resolve disputes.  Make provisions for authority and fees for the mediator. Hey this stuff about death is life.

Consider various really neat "stopper clauses" that can flat out disinherit those ingrates and potential troublemakers that are likely to dare to intimidate other heirs by challenging aspects of your well thought out will or trust.. (You should see a  lawyer in your particular jurisdiction about these neat little provisions.)

Consider a  a video or writing explaining your reasoning and intentions with your testamentary dispositions a t your peril.  If you can not restrain your artistic drives... make sure you do not create any unnecessary confusions by utilizing this gratuitous gambit. In other words they may use your video thoughts to upset the will or trust. Try not to be giving anyone hell in the last memories of your existence.  Hmmm or why not give-em' hell.   Yeah... you probably should have a lawyer comment or be at your video production.
 

Be very precise if you decide to actually videotape your will or trust. A  faulty or shaky video testamentary disposition could be interpreted as you being the incompetent, that some of your heirs no doubt always thought you were.  These loveable miscreants whom you shared your life with will be inclined to show your faulty cinematic masterpiece to some otherwise 'bored to tears' probate judge as a sign of your raving incapacity.        DJG1.com

In all instances you never personally have to visit a law office.

You never will have to come to an office for interviews, sign papers, pick up checks.

We come to you before, during and after your litigation or general legal representations as needed.

If  we cannot handle your situation for whatever reason we will recommend highly competent counsel for free.