Herb Smith <smithff33[at]aol.com> wrote:
- quote -

Having personal signature authority isn't always helpful -
it depends on your state's laws. In California in the old
days, when someone died any safe deposit box he had access
to was blocked and nobody - not even someone else with
signature authority - could open it up until a tax assessor
from the state came to see what was in there. Other assets
were also frozen until cleared.

Luckily that's no longer the rule, but it could be in some
places.

Stu

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Herb Smith wrote:

- quote -

It's really a matter of bank policy rather than any federal
or state regulation. Some banks are cautious.

ChEAr$,
Harlan Lunsford, EA n LA

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se...[at]panix.com (Seth) wrote:
- quote -

When I said that the executor had "full access" to the box I
meant that not only does she have a key, she also has
"signature authority" from the bank and can access the box
at any time.

I was executor for my mother's estate and we had a similar
arrangement. After her death I was able to open her box and
inventory/ retrieve the contents with no interference from
the bank. I think that concerns about the box being sealed
(and unavailable) may be somewhat overblown or an urban
legend.

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"Stuart A. Bronstein" <spamt...[at]lexregia.com> wrote:
- quote -

I had to laugh at this one. I'm not planning to leave any
property to the kittens! I just outlined what I thought
would be a practical approach to dealing with their
immediate care and then what do do with them long term. I
feel that the more guidelines you can give the people who
have to "clean up" after your demise, the better for all. It
takes some decison making pressure off them, and in the case
of animals, something really does have to happen just about
immediately, and if your "cleaners" are not animal nuts, or
familiar with the contacts you have in that area, they may
be frustrated and at a loss as to what to do, and may make a
bad choice. All I put in these "guidelines" was on the
order of (for immediate care, for example), that my executor
should immediately provide for care using my vet of record's
boarding facility, unless she desired to take the animals
into her personal residence. As an alternative temporary
measure, I suggested hiring a locally known animal sitter
(with suggestions on who to call to find one) to visit my
house daily for animal care. All expenses should be born by
my estate. The provisions for permanent care were in a
similar vein, with various options that would be acceptable
to me. I think/hope that this would ensure continuity of
care at a time when my executor is likely to have many other
things to deal with. One would like to think that my
executor would think of these things naturally, but I think
the first reaction would be "Oh dear, what do we do about
the cats?". Doesn't sound like its a question of legality,
does it? It is rather loose (vague?) in its wording,and I
might want to make alterations if I come up with a better,
more concise plan, and I wouldn't want to have to rewrite a
will just for this. So what do you think?

jo

Moderator:
Only someone who has an animal can appreciate the
compassion of your concerns. I refer to our cat as my
daughter.

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jo <phillysleuth[at]verizon.net> wrote:
- quote -

I suspect your lawyer isn't being honest with you. My guess
is that your lawyer thinks what you propose would not be
legally enforceable, so wants you to do something that will
satisfy you, but won't have people laughing at him for doing
something he might consider silly.

Some states allow leaving property for pets, others don't.

Stu

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Herb Smith <fgnl0j$muu$1[at]panix3.panix.com> wrote:
- quote -

The box might be sealed when the bank learns of your death
(the IRS wants to have a witness when it's opened in case
it's full of unreported cash). Have an original at home.

Seth

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<parrisbraes...[at]yahoo.ca> wrote:

- quote -

Not according to my lawyer. I don't know the precise
definition of a codicil and haven't talked to him about it,
but I know he definitely is against codicils and used the
term "protocols" for anything I wanted to write about the
specifc asset disposition approach that I wanted followed,
and pets were included under that category.

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"parrisbraes...[at]yahoo.ca" <parrisbraes...[at]yahoo.ca> wrote:

- quote -

Not necessarily. My lawyer does not "store" Wills, I have
the original in my safe deposit box and a copy in my home
files.

My named executor has full access to the safe deposit box.

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I will repost in the appropriate group.

jo

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These a codicals, not protocols.

The handwritten part has to do with the fact that it does
not need to be witnessed. This is British Common Law of
which, US Law is derived.

However, you do have other steps for which you need to see
the lawyer - you can't just add the codical and leave it at
home. The actual will is held by the lawyer. You only hold a
copy.

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"jo" <phillysleuth[at]verizon.net> wrote:

- quote -

First of all this is a legal, not a tax issue. That being
said, I tend to think that how state law deals with
handwritten items in a will will be treated is of
importance.

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

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The lawyer who drew up my will told me that the specific
guidelines I suggest/desire being followed for the care of
companion animals be attached in a separate document to the
will and it should not be typed. I suspect he would
suggest the same approach for the disposal of a small
genealocial collection on my family, but am not 100% sure.

I've seen explicit animal care instructions, mostly to do
with set aside money, which mine don't, written into a
will. I've always seen explicit bequest instructions laid
out in the body of wills. So why is he removing these
"wishes/bequests" from the body of the will, and why should
it be handwritten?

My best guesses are:

1) The handwritten nature allows some form of legal
verification that I was the one writing the material,
without the need for notarization, whereas a typed statement
could have been written by anyone (altho couldn't my
signature after typed material be verified?).

2) Keeping "protocols" as he referred to them (about the
animals, in particular) out of the will, would allow me to
easily change them without having to rewrite the will and
renotarize it.It was quite clear I wasn't competely sure of
how I wanted to do things, just a general approach.

At the time of doing the will (essentially a simple one,
with only a couple of token cash bequests, and the bequest
of the balance of my estate to my sister), it was very
important to get it done that day so as to remove an
inappropriate beneficiary. I had typed up a prototype of
how i would like the animals taken care of but it wasn't
written in stone or well worded at that point. Would the
situational aspects of getting the will done right away have
caused him to recommend the handwritten attachments (which I
was told, are NOT codicils, which he hates)? He did keep a
copy of my rough draft, but there was no reminder then or
since to rewrite it by hand and send him a copy which he
would attach to his copy of the will.

Is any/all of this standard operating procedure, given the
circumstances or is this a questionable approach to these
issues?

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