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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42815
Experience:  Texas lawyer for 30 years in Estate law
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My stepfather is reaching the end of s life. He is under the

Customer Question

My stepfather is reaching the end of his life. He is under the impression that all he needs to do is write down what he wants and give me power of attorney. No notary or anything. I know that his oldest son will contest this. He has no contact with his father except when he hears that he is hospitalized and then shows up and tries to take over and stick him in a nursing home. My stepfather wants to die in his own home. Recently he told me to sit down and start writing. He has made his own funeral preparations and wants me to handle everything. He wants to leave the house and all propriety to me. It is a small estate. He gave me a few specific instructions on what he wants each of his four children and one friend to have. He knows that I will honor his wishes. I have acquired the proper paperwork for the advanced health care directive. I need to know what paper I need to do to to carry out his wishes and avoid probate. There. Is no wife. My mother is deceased and sold her property to buy the house that he wants to leave to me. They were married forty years and he considers me his daughter. He has little to no contact with his adult children. We live in Tennessee and I talk to him several times a day and check in on him. I have been there for him whenever he needs me.
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.

Here you can use forms or consider a local lawyer here to witness and sign.Since the will is going to be contested lawyer here and his staff make the best witnesses.They will have asked him directly if this is what he wants and that he has capacity.

You should also do General POA and Health Care POA you can print these and have lawyer witness all of these at once.This gives you health care and financial decisions now and after death.

Health Care POA.

http://www.laughlinmemorial.org/pdf/forms/tenn_poa.pdf

Expert:  RayAnswers replied 2 years ago.

Here is lawyer referral with ratings, enter your city to get local ones.These are do wills and probate.

http://www.avvo.com/probate-lawyer/tn.html

It makes great sense to use a local probate lawyer, they can do will and then probate and make great witnesses as well.Usually they use their staff as witnesses and lawyer notarizes or some variation.It is worth it to you because a will contest is looming as you state.

If you cannot get the father to a lawyer --lawyers make home visits if they have too here as well.He should not try to hand draft a will given your facts a professional here is really a great idea to have it be upheld later on.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 2 years ago.

You are correct that you at least need forms here, a lawyer to witness and notarize is a better idea locally because they can testify in any contest about his intentions and no undue influence because another party drafted and had it signed.This is money well spent for you.Lawyer can also represent you in probate.

Thanks again.

If you can leave a positive rating when we are done it is always much appreciated.