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Drugstore wills

spirits

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Hi Everyone. My MIL is 94 and in reasonable health in a nursing home. My husband is her only child and her husband died years ago. We recently found out she has no will. Years ago we arranged power of attorney. Her home has been sold and my husband has joint access to her account. Basically her pension pays for her nursing home upkeep and her medication. We live in Alberta. My husband says that all we need is a basic will written without a lawyer and witnessed by the nurses in the home. It will basically be used to stop her pensions and notify revenue Canada. Any concerns. Thanks in advance.
 

spirits

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Sorry this post is in the wrong place

Sorry everyone. Meant to put this post on the lounge forum
 

DonM

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Your MIL is 94 and you just found out she doesn't have a will? I guess you're one of those close knit families that doesn't like the topic of death?

I'll offer some remarks that may be helpful under US law, but you'll have to take it with a grain of salt since I have no knowledge of Canadian law.

Actually estate and inheritance laws in the US are State laws- not federal laws- so things are different from State to State.

In general wills should be created or at least reviewed by an attorney familiar with estate laws. In Connecticut a lawyer prepared will only cost me about $200. For $200 why would anyone want to risk doing it wrong? (I'm not a lawyer!)


It seems in the case of your MIL that her only major asset is Cash in a jointly held bank account. A jointly held account implies that it's held jointly with rights of survivorship. Any asset that is titled gets passed on to the co-owner regardless of what a Will states or doesn't state. In other words, Will or no Will this asset upon the death of your MIL will go to your spouse. It still would be nice to have a will that would take care of the other assets she has. I really have no idea what your statement "...It will basically be used to stop her pensions and notify revenue Canada" means.

More importantly, in the US your MIL should also have a medical POA, and a Living Will to protect her desires on how she would be treated medically if the need arises.

Again, things are probably different in Canada. I'm guessing that you like to save money when you can, but my advice is to spend the money with an attorney- it may save you and your MIL alot of pain in the future.
 

bizaro86

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I'm not a lawyer, and I would recommend you hire one for this. I am however an Alberta resident, and I have a couple of comments.

1) If you buy a "will kit" they are only valid if the will is holographic. That means your mother-in-law can't just sign the bottom like she would with a lawyer. Instead, she has to copy the ENTIRE document in her own writing. You can't write it, nobody else can write it, it has to be her. Otherwise it isn't valid in Alberta.

2) You mentioned some meds. If her pension is average to even above average, she probably qualifies for the Alberta Seniors Benefit, which should provide funding for her meds. Probably you already knew that and have it under control, but I thought I'd mention it just in case/for anyone else who reads this later.

Michael
 
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