Last Will & Testament

You have a will, don't you?  What?  You don't?  Are you out of your mind?  Don't you love your family?  Or are you one of those types who want to inflict grief on your family long after you're dead? 

If you have assets of any value and you have children and/or siblings who value your "stuff", do them a big favour and draft a detailed will outlining exactly who gets what.  Don't leave the disbursement of this "stuff" to the sole discretion of the Executor, particularly if it's one of the family.

I'm in the middle of preparing a house for resale and I'm representing the Executor.  This is not  a pretty scenario.  Being a Realtor, I'm often on the front line of an ugly battle and I seldom see a winner emerge from these things.  In this case there is a will but it's hand written and poorly drafted.

I won't get into the sordid details but this is not a pleasant or orderly process for anyone involved.

I've sold many houses for "the estate of" over the years.  If there is a clear and concise last will and testament with an executor that is preferably a non family member, it usually goes smoothly.  If there is real estate involved, I highly recommend that the deceased pay particular attention to how this is to be divided up.  If there are potential disagreements over it's value or who contributed what over the years or who took care of mom and dad or whatever, then please leave instructions for the house to be liquidated before the funds are distributed.

When family members disagree on what items are worth or how they should be dealt with, quite often brothers and sisters end up never speaking to each other again.  This will not occur if it is attended to if the will is clear on how these things are to be attended to.  If the executor is a lawyer or someone once removed from the family, then they will be in a better position to make tough decisions that are in the best interest of all the heirs.