Writing the will is perhaps the most important act that people around the world have to take into account. Despite this, many of us do not have one yet and some totally even avoid thinking about this. The reasons can be intuited easily. And among them the superstition can be mentioned of many who think that if they have made the will they expect to die or only that they find it difficult to plan what is going to happen with the wealth they have acquired after they passed away. But, specialists warn that if there is no such document you can cause very unpleasant things for the people you love and who remain.
Ion Popescu leads a business that values more than two million dollars. But one night, driving home, after an accident dies at age 59, without having decided on how he would share his wealth, or without being married or having children. His five brothers, despite the pain with which they remain in the soul, now have to reach agreements on the goods that belong to them. What is translated by more than ten months of negotiation in court.
Constantin Ionescu leads a business of several millions, has three houses, two cars and a boat. He has made wealth together with his life partner for 25 years, but with whom he is not married. After an unsuccessful routine surgery, he dies at age 55. He has no will. After him, his mother and brother with disabilities remained, who will legally inherit everything. His life and business partner will fight in court to obtain the house in which she lived and the management of the company.
„A will keep away from the unpleasant things the ones you love. Avoid putting the people close to you in difficult situations, more than anything it is not indicated to let other people decide how to share your assets”, recommends Andreea Dumitru, founder of the law firm Dumitru & Associates PC of New York.
Also, she warns that when a person dies and has no will and no relatives, then all their property goes to the state. This is the law in New York.
„Anyone who has a little wealth and does not have legal heirs, I think it is prudent to spend a certain amount for the fee of a person specializing in wills and trusts to make sure everything goes in accordance with the plan”, Andreea Dumitru explains.
The testament, shows the Civil Code, is the unilateral, personal and revocable act that a person, named testator, disposes, in one of the forms requested by law, for the moment in which he will not be alive. If done in accordance with the legal forms, it does not have to be written in the office of a notary public or in the presence of a lawyer. Meaning that you can write it yourself, alone. In addition to this, various times people make mistakes in doing so, which does not guarantee the validity of the document finally.
Ion Preda, pensioner, widower, without children is a very active fisherman and hunter. He has two houses, a beautiful one in the city and the other in the mountains next to a lake, in which he likes to fish. He has a car with which he brings the hunt, a boat to fish with sophisticated tools and expensive hunting weapons. One night, Ion handwrites a testament in which he imparts everything he has equally among his three companions with whom he shares the same hobbies. He signs and he calls his companions to sign as witnesses. Among them, one is a notary. One night he dies, in the house in the mountains during his sleep and for his friends comes a period of nightmares in court because the beneficiaries of a will cannot also be witnesses.
„Other people when they write the will alone, forget to sign it or do not tell anyone where they keep it”, says the lawyer. And not only this. According to their statements, many do not use a standard language and leave room for confusion. For this reason, she recommends those interested in writing a will to use the services of specialized people. This information applies to everyone, regardless of where they are. Each country has its different laws, but the object is the same. „You never know what happens, today we are, tomorrow we no longer exist and if we have specific wishes about certain things from the type of funeral, to naming the executor or the beneficiaries, then we have to talk to a specialized person”, Andreea Dumitru adds.
More than this, by placing assets in a trust, you can dispose of them during your life. „In this way, the assets are protected by the creditors or by the prodigal son. Whatever happens, you know that everything has been orchestrated to the smallest detail by you and nothing is left to chance,” concludes the lawyer.
(the names of the persons in this article are not real)