Land

mwezell

12 pointer
Jan 22, 2006
4,110
Auburn, KY
Your son needs to do it now. Heaven forbid, what if you, your wife, your son all go at the same time??? He needs to plan for the worse, hope for the best.
Agreed! Don't wait. Waiting helps nobody! A will can always be changed. Worst case, at some point you thought the will was how you wanted things to be. Even if that changes, it won't change for the better. Just do it and do it with a lawyer. Tell anyone in it what lawyer it is with. There is NO public record of a will until death and it's not recorded until then. No guarantee that lawyer will be aware of your/their passing unless they are informed. Then, it gets recorded, but not before. This is a common misconception. Doing a will does not get it recorded. Only people that know about it are the ones told.
You can change it at any time. Ask me how I know all this. No..don't.
 

bigbonner

12 pointer
Aug 5, 2015
4,830
Agreed! Don't wait. Waiting helps nobody! A will can always be changed. Worst case, at some point you thought the will was how you wanted things to be. Even if that changes, it won't change for the better. Just do it and do it with a lawyer. Tell anyone in it what lawyer it is with. There is NO public record of a will until death and it's not recorded until then. No guarantee that lawyer will be aware of your/their passing unless they are informed. Then, it gets recorded, but not before. This is a common misconception. Doing a will does not get it recorded. Only people that know about it are the ones told.
You can change it at any time. Ask me how I know all this. No..don't.
I have also found out that the person who holds a will and no one knows about can hold that thing and never show it or record it. The lawyer we talk to only holds a copy of a will for a few years and they trash it. If the lawyer cannot keep a record then who would know.
My FIl had a will made but we could not find it and we went to the lawyer and they played stupid and told us she deletes all wills after a few years and denied ever making a will. We knew for a fact that he had made one for his part of the farm and cattle. The MIL was pretty slick and knew to trash his will.
 

1wildcatfan

12 pointer
Jan 2, 2009
15,000
raised n Bullitt Co.
This is making me rethink things and will talk to a lawyer and right now I REALLY HATE LAWYERS!!!

New twist that I just figured out and we could probably cause a few problems but my wife being good natured probably won't do anything.
There was a lien on the farm at the bank in 2009 and the mother deeds off a 1.1-acre piece to my wife's sister. A lawyer made the deed and a survey was done. The sister put a trailer on that lot.
But guess what? The bank never did give a release to the land for the sister's lot.
So in my opinion if the bank did not release that piece of land, then the deed is worthless?????
Would I be correct??
I'm not a lawyer.......
 

3PointSlayer

6 pointer
Aug 3, 2021
367
Between The Bridges
A deed with a Life Estate is a good idea as well. You can convey it to whoever you want but get to live there/use it until you die. But nursing home can't take it as long as its been deeded 5 years prior.
 


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