When Ms. Ann Aldrich of Florida passed away it was probably her understanding that her brother who had survived her would have all her “worldly possessions.” She had used an “E-Z Legal Form” when she made out her will in 2004. That document had encouraged her to list her beneficiaries in order and stated that it would give all her “listed” items to the surviving individual in the order listed. When her sister who was listed first passed away, it meant her brother would take under her will instead. In fact just to be safe, she wrote a note signed by a witness stating that she wanted everything to go to her brother.
However, handwritten notes that don’t meet the statutory requirements of your state will not carry authority before a court of law. These laws concerning wills are written because we all know how hard it can be to determine which ideas a person has are well-thought out and which documents are actually a reflection of an idea well thought out. The law assumes that people will make the extra effort to seriously contemplate what is to happen to with worldly possessions after passing and then to follow rules in place to make it clear to all the world what your intentions are so there is no debate.
But when Ms. Aldrich’s will failed to clearly lay out what to do with items not listed, that part of her estate was left in limbo. Personal property and real estate that is not specifically or generally covered by the instructions of your will are going to be divided up and distributed according to the laws of intestate succession in your state. For Ms. Aldrich this meant that the descendants of her sister and another brother who had earlier passed away would take their share of the remaining estate after the E-Z will gave only the listed items to her still living brother. Sure is great for the nieces, but disappointing for the brother. There is no doubt that the court made the correct decision here. Online forms that are filled out without a full understanding of the consequences of particular language can lead to unintended results. Ms. Aldrich got a great deal on her E-Z form will I’m sure. But I’m sure her family saw that it wasn’t worth the extra money it took them to administer the estate and litigate the interpretation of the will.
While everything is still technically in the family, this particular one couldn’t resolve the issues without litigation. Don’t underestimate the power of the monetary value or sentiment of your possessions and the impact it can have on your family if your wishes are in debate after you pass away. Even if your family can resolve the debate without litigation, it’s probably a safe bet that argument is one they would prefer not to have.
For more information on the case discussed above, click here.