The Edmond Sun

Local News

Discussion

December 7, 2012

ASK A LAWYER: Wills need review every few years

Matt Hopkins Special to The Sun

EDMOND — EDITOR’S NOTE: This is a weekly series of columns written by attorneys at Lester, Loving & Davies law firm in Edmond.



Q: My husband died in June. We have a will from 1968. Do I need a new will now that he is gone?

A: Although joint wills — a single will for both husband and wife — are almost never used today, the practice was common through the 1970s. As a result, many people have older wills that cover both spouses. When the first spouse dies, the will remains legally effective for the surviving spouse. If you should die before doing a new will, the terms of your existing joint will should govern the disposition of your estate.

That said, you should probably revise your will. At a minimum, you should carefully review the terms of your will to make sure it is consistent with your current intent and desire. Things change over 40 years. Is any beneficiary named in your current will deceased? Have you had or adopted children since the will was executed? Do you want to provide for people who are not listed in your current will? Do you want to take anyone out? A periodic review of these issues is important for everyone. It is particularly relevant after the death of the first spouse.

You should consider taking other actions to reflect your new status as a widow. You may want to execute a durable power of attorney so that someone you trust can take care of your business if you become unable to do so. Most married couples execute powers of attorney naming each other as their attorney-in-fact. Now that your husband is gone, who will deal with your bank, the Social Security Administration and pay your bills if you can’t. If you have an effective power of attorney, the person you choose can help you with your business as the need arises. Without one, it may be necessary for your family or friends to seek a court imposed guardianship if you become disabled. You also should consider an advanced health care directive to name the proper person to make medical choices for you if you cannot make them yourself.

If you owned any real estate with your husband in joint tenancy, as most couples do, you need to file an affidavit of surviving joint tenant with the county clerk of every county in which real property is located. The affidavit will remove your husband’s name from the chain of title and accurately reflect your individual ownership of the property.



MATT HOPKINS is an attorney for Lester, Loving & Davies P.C. More information is available at lldlaw.com. Send questions to questions@lldlaw.com.

 

Text Only
Local News
  • 923305_586131604744164_6027940_n[2].jpg Yukon resident provides ‘Bikes 4 Kids’ who have none

    He may not look like Superman or dress like him either, but for thousands of children in the metro area, one man fills that role daily as he does good deeds for children he has never met.

    May 24, 2013 1 Photo

  • Organizers postpone Jazz and Blues Festival

    The 25th annual Edmond Jazz and Blues Festival scheduled for this weekend at Stephenson Park has been postponed due to the prospect of inclement weather and the ongoing recovery efforts of last Monday’s tornadoes.
    Mark Neighbors, chairman of the Edmond Jazz and Blues Festival, said a final decision was made Thursday to postpone the festival until a later date this summer.

    May 24, 2013

  • kids 3.jpg 3rd grader left ill-fated school with minutes to spare

    Scott Lewis picked up his son, Zack, from Plaza Towers Elementary School as hail pounded the school Monday afternoon. About 5 minutes after they left, said Lewis, the monster tornado smashed into the building.
    Seven of Zack’s third-grade classmates were killed when the tornado knocked down the school’s walls and ceilings. Others were injured; several remain hospitalized, Lewis said.

    May 24, 2013 2 Photos

  • Oklahoma Tornado Weather expert: Schools need shelters

    Ninety-four percent of Oklahoma schools do not have tornado shelters, according to Gov. Mary Fallin, even though at least one weather expert says they should be standard. With two Moore schools destroyed in Monday’s EF-5 tornado — and ...

    May 24, 2013 1 Photo

  • jc_power pole 1.jpg OG&E works to replace Edmond power poles

    “Oh my God, it’s the tornado,” Betsy Herring thought as she and her husband, Lee, took shelter in their laundry room as Sunday’s tornado roared toward their Forest Oaks home in Edmond.

    BUSINESSES, GROUPS DONATE FREE TORNADO RELIEF

    May 23, 2013 1 Photo

  • Orr Farm horses.jpg Equine center aids Orr Family Farm horses

    Connie Yearwood, a third-year veterinary student at Oklahoma State University, had been job shadowing at Equine Medical Association in Edmond when the call came to help rescue horses that were injured during Monday’s tornado in Moore and Oklahoma City.

    May 23, 2013 1 Photo

  • Lincoln County Emergency Management calls for help

    Carney is a city of about 649 residents and following the recent tornado outbreak 20 homes were destroyed there and an additional 18 homes in the county were leveled.
    Wednesday, a press release from Lincoln County, along with Wellston Emergency Management Office and the City of Carney, stated that at this time the needs have changed for the city.

    May 23, 2013

  • Oklahoma National Guard coordinates tornado relief support

    Oklahoma National Guard members, who work side-by-side with local responders to aid in recovery efforts during domestic operations such as the May 20 tornado that tore through Oklahoma City and Moore, are given their tasks through the Guard's Joint Operations Center.
    The JOC, located in the Guard's Joint Force Headquarters in Oklahoma City, is primarily responsible for the collection, dissemination and tracking of information to increase the situational awareness for leadership as well as the National Guard Bureau, said Lt. Col. Hiram Tabler, the director of military support for Oklahoma's Joint Force Headquarters.

    May 23, 2013

  • UPDATE: Businesses, groups offer free relief to tornado victims

    Listed is information on free services offered to victims of the recent tornadoes.

    May 23, 2013

  • 20130521_mooretornado3.jpg House approves $45M aid package for tornado victims

    As rain poured this morning on disaster relief workers in the Moore and Oklahoma City areas, the Oklahoma House of Representatives unanimously approved a $45 million aid package to provide relief to those impacted by Monday’s EF-5 tornado.

    TIMELAPSE LOOK AT MOORE DAMAGE

    May 23, 2013 1 Photo

Featured Ads
NDN Video
AK-47-wielding thug may be the most bumbling crook ever Oklahoma Survivors, Heroes Survey Damage Trout's cycle a boost for Angels Raw: New Video of Deadly Oklahoma Tornado Kim Kardashian Flaunts Pregnant Bikini Body in Greece NBA star pledges $1M to help tornado recovery Shakira's Shocking Talent Morgan Freeman falls asleep on air GRAPHIC: Blood-Soaked Machete Killer Caught on Tape Elin Nordegren Furious With Lindsey Vonn For Parading Kids in Public Camera Captures Climber As He Loses Grip And Falls Helen Mirren Meets with Dying Boy in Queen Elizabeth's Place Crowd Chants '¡Si, Se Puede!' After Passage of Immigration Bill DWTS Crowns a Winner Police Ram House to End Hostage Standoff Demi Moore a Rocks Bikini at Harry Morton's Family House Anthony Weiner: I'm running for New York City mayor Kate Middleton's Dress Flies Up VIRAL: Baby makes epic soccer goal The Hangover Baby All Grown Up
Poll

The City of Edmond does not have any public storm shelters. Emergency Management officials say it is more dangerous for people leaving their homes and trying to seek shelter than staying in place. Do you believe the city should change its policy?

Yes
No
Undecided
     View Results