I have two questions.My mother who is 77 years old is scheduled for surgery next week. However I just found out the will she has is more than 30 years old - before my siblings and I were legal adults (we are now in our 40s and 50s). She has no DNR or power of attorney. While the surgery is minor and should require nothing more than an overnight hospital stay, it still has some risks. However the fact she would have to try and scramble to get to an attorney and plan her estate in just a few days is stressing her out, but now not having anything in place is upsetting her. My question is in regards XXXXX XXXXX forms for wills and power of attorney etc. that you purchase at an Office Max store (or download online). If these are completed, witnessed and notarized are they legally binding? And will they suffice if an emergency were to arise in the next few weeks?I am looking for a temporary solution to ease her mind so we can deal with the health issues at hand and then get to an attorney for more formal estate planning at a later time. She has voiced her plans and quite simply it is just to distribute her property amongst my two brothers and myself with a few items designated for her grandchildren. My father is deceased, my Mothers assests are relatively simple a few savings CDs, a car, a modest pension and life insurance. Her home is fully paid for with no leans or debts against the property and it is in a trust.My second question is what does it mean that her home is in trust? I asked her and she was not very clear all she said was that her and my father put the home in trust years ago when they opened a business so that they would not lose the home if things were to go wrong with the business. Thank you
State/Country relating to question: Illinois
Nothing yet. We were thinking of purchasing a template document, filling it in and getting it notarized.
Hello,The answer is yes, the standard template forms are completely legally binding once executed, witnessed and notarized according to state law..If the house is in a trust, it is then legally owned by the trust and a trustee controls it. When someone puts a property into a trust, they execute a deed from themselves as grantors to the trust as the grantee. Then the trust legally owns the house and it is under control of the Trustee of the trust. The property is managed and would then decend to the beneficiaries of the trust once any conditions are fulfilled (typically the death of the Grantor (maker) of the trust.
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13 yrs estate law, real estate. Wills/Trusts/Probate
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