Reading Wills?

Remember those old movies?

You know, where they read a Will outloud after the demise of a very rich uncle with the greedy heirs sitting with a bated breath to learn of their newly acquired fortune.

This is rarely, if ever, done in real life according to an informal survey of estate planning attorneys across the country from an email list I belong to.

Typically when someone passes away, their original Will is lodged with the court. Copies of the Will may be sent to the heirs or beneficiaries depending on the attorney handling the estate. If the Will has been lodged with the court, you can also inspect the Will at the court.

If you ever have questions about someone's Will, please seek the advice of counsel. You can start with the attorney who prepared the Will if you know who he or she is. If the question you have does not pertain to a matter involving attorney-client privilege, the attorney may answer. If not, see the advice of your own lawyer if you have questions about a Will or wish to contest it.

Back to the movies though ... in in all seriousness, folks, reading a Will in an attorney's office would be two things: 1) boring and 2) expensive use of an attorney's time.

Imagine reading this paragraph outloud... it came from a Will that I prepared this morning.

"4.11. Payments to Legally Incapacitated Persons. If at any time any beneficiary under this will is a minor or it appears to the executor that any beneficiary is incapacitated, incompetent, or for any other reason not able to receive payments or make intelligent or responsible use of the payments, then the executor, in lieu of making direct payments to the beneficiary, may make payments to the beneficiary's conservator or guardian; to the beneficiary's custodian under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of any state; to the beneficiary's custodian under the California Uniform Transfers to Minors Act until the beneficiary reaches the age of twenty-five (25); to one or more suitable persons, as the executor deems proper, such as a relative or a person residing with the beneficiary, to be used for the benefit of the beneficiary; to any other person, firm, or agency for services rendered or to be rendered for the beneficiary's assistance or benefit; or to accounts in the beneficiary's name with financial institutions. If there is no custodian then-serving or nominated to serve by me for a beneficiary, the personal representative or executor, as the case may be, shall designate the custodian. The receipt of payments by any of the foregoing shall constitute a sufficient acquittance of the executor for all purposes."