Skidmark's Will

[user]

Our late associate and friend, Skidmark, left what is called in the law a "holographic will", which means he wrote it out himself by hand. It was executed in front of witnesses, myself included. His will asked that any property he may have had at his death be given to an organization to be set up for the purpose of defending those unjustly accused of misuse of firearms, as he was once, himself.

Unfortunately, that will would have to go before the Chesterfield Circuit Court to be given effect and an administrator appointed. I can't do that because (1) I'm retired and therefore prohibited by VSB rules from the practice of law; and (2) I'm a witness. So we need someone skilled in the black arts of Trusts and Estates law to go to bat for us - and we can't afford it. So there's two problems: first, we don't know anyone in the area who does that kind of work who'd be sympathetic to the needs of the personal-defense-minded community, and secondly they'd have to work for free or for a percentage of the (unknown) estate. We could take donations to pay the legal expenses, but unless and until we have a lawyer set up and ready to go, that may be pointless.

Any ideas?

 

[MAC702]

...they'd have to work for free or for a percentage of the (unknown) estate. ...

So do you recommend that those of us who do such wills arrange in advance for the financing of handling them and that our witnesses at least have an idea of the assets? Should we try not to have a friendly attorney as a witness to avoid such issues?

 

[FBrinson]

Our late associate and friend, Skidmark, left what is called in the law a "holographic will", which means he wrote it out himself by hand. It was executed in front of witnesses, myself included. His will asked that any property he may have had at his death be given to an organization to be set up for the purpose of defending those unjustly accused of misuse of firearms, as he was once, himself.

Unfortunately, that will would have to go before the Chesterfield Circuit Court to be given effect and an administrator appointed. I can't do that because (1) I'm retired and therefore prohibited by VSB rules from the practice of law; and (2) I'm a witness. So we need someone skilled in the black arts of Trusts and Estates law to go to bat for us - and we can't afford it. So there's two problems: first, we don't know anyone in the area who does that kind of work who'd be sympathetic to the needs of the personal-defense-minded community, and secondly they'd have to work for free or for a percentage of the (unknown) estate. We could take donations to pay the legal expenses, but unless and until we have a lawyer set up and ready to go, that may be pointless.

Any ideas?

Even in death Skid continues to give everything to our cause. Truly amazing.

I have administered an estate before so I know firsthand that it is not always an easy thing to do. Anyone volunteering to do this please reach out to those in this group if you need anything. We should consider setting up a gofundme site just in case. Lawyers are not cheap either.

 

[color of law]

So do you recommend that those of us who do such wills arrange in advance for the financing of handling them and that our witnesses at least have an idea of the assets? Should we try not to have a friendly attorney as a witness to avoid such issues?

Witnessing the signing of a will and the content of the will are two different things.

Per user:

His will asked that any property he may have had at his death be given to an organization to be set up for the purpose of defending those unjustly accused of misuse of firearms, as he was once, himself.

I don't know how you leave your estate to a nonexistent organization.

Without the actual will it is impossible to figure out what to do.

 

[MAC702]

Witnessing the signing of a will and the content of the will are two different things. ...

Um, yeah; hence the question.

 

[2a4all]

Our late associate and friend, Skidmark, left what is called in the law a "holographic will", which means he wrote it out himself by hand. It was executed in front of witnesses, myself included. His will asked that any property he may have had at his death be given to an organization to be set up for the purpose of defending those unjustly accused of misuse of firearms, as he was once, himself.

Unfortunately, that will would have to go before the Chesterfield Circuit Court to be given effect and an administrator appointed. I can't do that because (1) I'm retired and therefore prohibited by VSB rules from the practice of law; and (2) I'm a witness. So we need someone skilled in the black arts of Trusts and Estates law to go to bat for us - and we can't afford it. So there's two problems: first, we don't know anyone in the area who does that kind of work who'd be sympathetic to the needs of the personal-defense-minded community, and secondly they'd have to work for free or for a percentage of the (unknown) estate. We could take donations to pay the legal expenses, but unless and until we have a lawyer set up and ready to go, that may be pointless.

Any ideas?

So will the Commissioner of Accounts be holding out his hand for a piece of the pie? The court might appoint him to oversee Skid's estate. And would the "any property he may have had at his death" include his household goods and/or personal effects that may have been removed when his house was closed up? (I'm not implying anything nefarious here, just asking if those items had been inventoried and stored somewhere. The value need not be known; it just has to be accounted for.)

 

[Grapeshot]

So will the Commissioner of Accounts be holding out his hand for a piece of the pie? The court might appoint him to oversee Skid's estate. And would the "any property he may have had at his death" include his household goods and/or personal effects that may have been removed when his house was closed up? (I'm not implying anything nefarious here, just asking if those items had been inventoried and stored somewhere. The value need not be known; it just has to be accounted for.)

His health had deteriorated to the point that he was not able to maintain a minimum standard of usability. This personal property hence became a liability rather than an asset.

It was only through the generous contribution/donation of time and equipment (dumpster) that this apartment was returned to the owner in a reasonable condition w/o major expense. Note the interior had to be completely refurbished.

 

[user]

No reason an attorney can't be a witness, but he can't be both witness and attorney at the same time. But getting a friendly personal defense and firearms law attorney to be a witness is not a problem, because he's not a trust and estates attorney. Both very technical areas, and people do (in spite of the Supreme Court's admonition that it has not created "specialities" so there are none) specialize in one area or another and tend to ignore most of other areas. I almost never did any drug cases, for example, because that is a fairly technical sub-speciality of criminal defense, and I didn't want to have to figure it out. Same with domestic relations - never touch the stuff. So we need a volunteer who understands trusts and estates. I should have said my reasons are (1) retired; (2) witness; and (3) don't know enough.

 

[user]

So do you recommend that those of us who do such wills arrange in advance for the financing of handling them and that our witnesses at least have an idea of the assets? Should we try not to have a friendly attorney as a witness to avoid such issues?

I echo the distinction already made between the execution of the will and its contents.

It would be best to consult a trusts and estates lawyer well before you're scheduled to kick off, and have a self-proving will (that obviates probate) done up, along with such trusts, powers-of-attorney, or whatnot may be best for your situation. Skidmark didn't have the option - he was lying in bed in a V.A. hospital, a situation that he did not survive. He had a pencil and paper and that's what he used. It is what it is.

 

[user]

Witnessing the signing of a will and the content of the will are two different things.

Per user:
I don't know how you leave your estate to a nonexistent organization.

Without the actual will it is impossible to figure out what to do.

We have the actual will, of course, and it is possible to create an organization as needed with a minimum of effort. It could be an unincorporated association (e.g., the Saturday Morning Richmond OC Breakfast Club).

 

[color of law]

We have the actual will, of course, and it is possible to create an organization as needed with a minimum of effort. It could be an unincorporated association (e.g., the Saturday Morning Richmond OC Breakfast Club).

That is true, but the value of the estate will determine what is viable. An estate worth $100 is one thing versus an estate worth $100,000. Is there enough in the estate to actually defend someone(s) in which he intended the money was to be used for?

 

[user]

That is true, but the value of the estate will determine what is viable. An estate worth $100 is one thing versus an estate worth $100,000. Is there enough in the estate to actually defend someone(s) in which he intended the money was to be used for?

We have no way of knowing - that's why we have to get an administrator appointed. We believe he had a good bit in bank accounts, but really don't have any way to find out unless and until that's happened. We have a volunteer willing to act as administrator, but we need a volunteer to steer the thing through the local court. I'm volunteering, myself, but I can only give legal advice to another attorney due to retirement.

Probably not - I did a murder case a while back in which the (mostly uncollectable) fee amounted to over eighty thousand dollars - and that was with very conservative spending. But once an organization's been set up to take care of it, we can solicit donations.