Used Willing.com Have a

[ty50]

My question involves estate proceedings in the state of: AZ
I used willing.com to make up a will and living will etc.

I had everything notarized using random witnesses etc. The pages that the signatures are on and the notarized pages are on different pages than the insertion of my beneficiary.....that's the way willing.com does it. I'm wondering if that can be an issue, do I also need to consult an attorney in person? And how does she handle it when I'm gone? She has original copy. It's simply an annuity with Wells Fargo for approx. $230,000 and also a 5 acre piece of land in Maricopa county.
Just want to make sure there no snags.........the reason I feel the urgency is that I'm sick and may not go much longer.....Ive got that handled....Just worried about my beneficiary.
Thank You

[Taxing Matters]

My question involves estate proceedings in the state of: AZ
I used willing.com to make up a will and living will etc.

I had everything notarized using random witnesses etc. The pages that the signatures are on and the notarized pages are on different pages than the insertion of my beneficiary.....that's the way willing.com does it. I'm wondering if that can be an issue, do I also need to consult an attorney in person? And how does she handle it when I'm gone? She has original copy. It's simply an annuity with Wells Fargo for approx. $230,000 and also a 5 acre piece of land in Maricopa county.
Just want to make sure there no snags.........the reason I feel the urgency is that I'm sick and may not go much longer.....Ive got that handled....Just worried about my beneficiary.
Thank You

You might want to have an estate planning lawyer look over the will just to be sure everything is correct. Online/computer legal document services vary widely in quality; some do a great job for at least the most common situations, others not so much. Even if the program worked well, if you didn't use it correctly or failed to get the forms executed properly or whatever then the will might be worthless or not do what you want it to do. Without actually reading the will I cannot tell you if there might be any problems with it.

But you do have some other options here that are easy to do and would pass your things outside of probate (and thus not need a will). The easiest is dealing with the annuity. Contact your rep at Wells Fargo and tell them you want to name a pay on death (POD) beneficiary for your annuity. The rep can give you the form to fill out, sign, return to the bank. Once that's on file with the bank, the person you named as beneficiary will automatically become the owner of the account the moment you die. All the person will likely need to do is give the bank a copy of the death certificate and proof of his/her identity to get the account retitled in his/her name.

As for the land, you can use a transfer on death deed (TODD). The deed has to be done and filed correctly (and you might want an attorney to do that for you) but once recorded it works much the same way the POD designation for the annuity account does. The moment you die the person named as beneficiary on the deed becomes the owner, and he/she needs to just record the documents that the state requires that documents your death.

The advantage of the POD and TODD is that they bypass probate and the beneficiaries thus get immediate access to what you leave them. You can revoke them or change the beneficiary any time before you die. And they are relatively simple to do.

[adjusterjack]

In Arizona the statutory document is called Beneficiary Deed and it's addressed by ARS 33-405:

https://www.azleg.gov/ars/33/00405.htm

The statute even has a format for the deed but you can find a sample online as well. Or have a lawyer prepare one for you for a nominal fee.

The Maricopa County Recorder has several recording kiosks around the valley so you don't necessarily have to drive into downtown Phoenix.

https://recorder.maricopa.gov/recorderkioskmap/

[ty50]

Thank you very much for replies......it really helps......looking into it asap.

[pg1067]

The pages that the signatures are on and the notarized pages are on different pages than the insertion of my beneficiary..... I'm wondering if that can be an issue

In the abstract world of all that is hypothetical, anything "can be an issue." However, most wills are longer than one page, it's almost always going to be the case that the signatures are not on the same page as various provisions in the will. What exactly is your concern in this regard? Also a will cannot be "notarized using random witnesses." First of all, wills don't need to be notarized at all. They only need to be witnessed. Second, a "random witness" cannot notarize something. Only a notary can notarize something.

do I also need to consult an attorney in person?

It doesn't necessarily need to be in person, but if you have a concern about some aspect of your will, consulting with an attorney would be the smart thing to do.

And how does she handle it when I'm gone? She has original copy.

Who is "she," and what is an "original copy"? The terms "original" and "copy" typically mean very different things.

[adjusterjack]

what is an "original copy"?

An oxymoron.

[pg1067]

An oxymoron.

It's an open secret that military intelligence will tell you that it's weirdly normal to have an original copy of a jumbo shrimp.

[ty50]

random witnesses.......I apologize for the lack of clarity in my post. The witnesses are people unrelated to myself or anyone in these Docs and a real life Notary notarized.
I had done a Last will and Testament....Living Will....and Durable Power of Attorney
I went on a website like LegalZoom...same thing really....
They charge around $100 or less actually and I entered info about myself and those 3 things aforementioned were recommended....so I went through the motions and ended up with the 3 documents. The Living will is not notarized but has witness sigs. The Last Will and Testament IS Notarized and also has witness sigs. The Durable Power of Attorney IS notarized AND also has witness sigs. I realize it may be hard to answer if this sounds correct. See what is driving me crazy is my assets are not at all complicated and only significant enough to want someone I care about, to have. The thought of the state (probate) ripping my beneficiary off drives me crazy. Ive been part of a will etc. and also through the probate process and its a pain in the ass.
Also "SHE" is my girlfriend who was the only one around when I became broke and sick etc.........I never married, no kids, and 49 yrs old....
So my situation should be so simple re. a will or anything else and it feels like its been complicated because I don't currently feel comfortable or reassured my beneficiary can claim these things without some kind of obstacle. However the POD/TOD etc. is very helpful. Thank you!

[pg1067]

Other than clarifying that "she" (mentioned in your original post) is your girlfriend, I'm not sure what the point of your follow up post is. In your original post, you asked, "how does she handle it when I'm gone?" It's impossible to answer that question in the abstract while you are still alive. Generally, probating an estate is not a good DIY project, so the only thing anyone here can intelligently suggest is that she retain (or at least consult with) a probate attorney.

I had done a Last will and Testament....Living Will....and Durable Power of Attorney
. . .
The Living will is not notarized but has witness sigs. The Last Will and Testament IS Notarized and also has witness sigs. The Durable Power of Attorney IS notarized AND also has witness sigs.

Given that a "living will" is a power of attorney for healthcare purposes, what is the purposes of the "durable power of attorney" that you created?

The thought of the state (probate) ripping my beneficiary off drives me crazy.

The likelihood that the State of Arizona might "rip off" your beneficiary is so astronomically remote that devoting any amount of thought to it is pointless.

Ive been part of a will etc. and also through the probate process and its a pain in the ass.

The probate process can be a pain in the ass, but it isn't in most cases.

[flyingron]

Given that a "living will" is a power of attorney for healthcare purposes, what is the purposes of the "durable power of attorney" that you created?

No. A medical power of attorney is a power of attorney for healthcare purposes.
A living will is a patient's advance statements of their desires to be used in the case they are unable to give consent (a/k/a Advance Directive)


Neither powers of attorneys or living wills have any bearing once you're dead.