The issue of Digital assets has come up again in the mainstream press. It was covered on the CBC in Canada and then was picked up by media outlets around the World. The Washington post ran with the headline
Her dying husband left her the house and the car, but he forgot the Apple password
The Daily Mail in the UK also ran the story with the headline “Widow who wanted her dead husband’s Apple ID so she could play games on their iPad is refused and told to get a COURT order instead”. The Sydney Morning Herald also alerted its readers. Google news is claiming 19,000 separate news articles about Peggy Bush, the 72 year old Canadian widow who simply wanted to play some games on the family iPad. The card game stopped working so she wanted to update it. To do this, she needed her late husband’s Apple ID password.
The best option that Apple gave her was to create a new Apple ID, but this would mean re-purchasing all of the games that had already been purchased by her husband. There was no way of transferring the games from one Apple ID account to another.
Apple suggested that they would only be able to release the User ID and password of the account with a court order. The general reaction was that this was a little unsympathetic to the situation; all of Peggy’s late husband’s assets had been successfully transferred, and nobody, including banks and insurance companies, had required a court order to do this. Continue reading
You are already doing better than the vast majority of adults in the US. You know that you need a Will, and you are starting to do something about it. You have started researching the approaches to preparing a simple Will, and now you are thoroughly confused. How can it be that the same simple Will can cost absolutely nothing on some websites, and can cost a thousand dollars with an estate planning attorney. What exactly will you be getting in each case? and how much should you really be paying to write a simple Last Will and Testament?
What is a Will?
The most basic definition is that a Last Will and Testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his or her property at death.
There are three key elements to a simple Will. Continue reading
Most people have not got around to writing a Will. According to a recent survey 64% of adults in the US do not have a Last Will and Testament. The more significant concern though is that in the younger age groups (people under 35) the percentage is much higher.
90% of Americans aged 18-34 do not have a Will
80% of Americans aged 35-44 do not have a Will
83% of single Americans with children do not have a Will
The primary reason for this is that young single people simply don’t feel that they need a Will, and of those that do, writing a Will is certainly not an urgent task. It ends up being something that they simply haven’t “gotten around to”.
Here are some considerations for young single people who fall into one of these two camps; the deniers and the procrastinators. Continue reading
In the last week alone I have seen a number of people asking the question on the internet “Is it okay to prepare my own Will using an online Will service”. I have been shocked at the amount of misinformation that has been posted in reply.
To be clear, I am defending an interactive online Will service like the one at USLegalWills.com, I am not suggesting that you should prepare your Will using a blank form DIY Will kit that you could buy in Staples. The blank form kits are a disaster, but the online Will services are an excellent mid-ground for somebody who doesn’t want the inconvenience and cost of a lawyer, but still needs to have their Will in place.
These are some of the most egregious, incorrect warnings that I have seen in the last week.
1. You must use a lawyer
Written by a lawyer in response to a question on Quora.
I heard that if I write my own Will out in my own handwriting, I do not need to have it witnessed, is this true?
If a Will is written entirely in your own handwriting, some States do not require that Will to be witnessed. This is known as a holographic Will or holograph Will.
The trouble is, States vary significantly in their acceptance of a holographic Will. Continue reading
You probably know that your Last Will and Testament is a description of how your estate will be distributed after you have passed away. It gives you an opportunity to recognize the people and organizations that have had an impact on your life and insures that your assets are distributed according to your wishes. But beyond the distribution of your assets, this article will highlight four key appointments that are made in your Will.
Your Executor (or Personal Representative)
This person has the responsibility to carry out the instructions in the Will and without a Will the Executor will be appointed by the courts. It’s a difficult appointment to make because you need to find somebody with the organizational skills to collect your assets, file your taxes and provide reports to the beneficiaries.
The Executor has to of course be trustworthy, Continue reading