No legal mumbo jumbo

[Brian K. Shaffer]

So I am 47 and single - and IN THE EVENT OF...

Say I get struck by lightning tomorrow and blown to bits - all my stuff would end up who knows where because I have nothing in place.
Sad but it could happen to any of us. And I seem to draw lightning to me...

I intend to give all my fishing gear of any sort to the local Boy Scouts as long as they still are doing a fly tying badge.
Maybe because I never got to be a Boy Scout - and they teach fly tying to kids... that's awesome.

Am I allowed to write up a simple paper that says that ? I just found out I must get whatever I do "notarized" to be remotely legit.

[rsagebrush]

See a competent attorney, that will make sure your wishes are followed.

[NewUtahCaneAngler]

Depends upon the laws of the State in which you reside. Some States allow a simple notarized downloadable Internate template, which includes the minimum requirements.

Cheers,
Joe

[quashnet]

It is good to start thinking about this, and then move on to make sure your wishes will be carried out. Think through what you want to happen regarding all your assets, not just fishing tackle. At that point you will have more questions, as well as answers. Then seek a competent estate attorney. Here is first-pass online information, which should be checked for accuracy, on what happens in Missouri if you die intestate (without a will). Your estate will be distributed according to Missouri's intestate law (whether or not the result is what you would have wanted) and the entire estate must be probated, which can be a lengthy and expensive process. If no heirs can be located, Missouri gets your stuff:

https://smartasset.com/financial-adviso ... tance-laws

https://www.nolo.com/legal-encyclopedia ... souri.html

[AlexP]

You want a solid will and a person(s) that would see it through as rsagebrush suggests. I am not sure how much it costs, but it might not be much. My wife and I work for large corporations. Within our benefits we get some legal services heavily discounted. We did our wills maybe 17 years ago and it costs us a couple hundred dollars at most. You also want to have a well drafted will so executing it is not a burden to your next of kin (right term?) There are nightmare stories of people leaving us without wills or poorly drafted ones.

Drafting a will might also help you decide how your possessions are "disposed" more effectively. A bunch of bamboo rods and classic reels might not be the best donation to your club. You could leave instructions of how to sell them and have the club use the funds to purchase new outfits and get more out of your awesome donation. You can probably buy 3 or 4 new graphite outfits from just a single of your rods. And your rods might end up in the hands of bamboo aficionados that would appreciate them more. Something to think about.

Some organizations advertise including them in your will. NPR and TU come to mind. Maybe Boy Scouts does that and they can guide you.

Tight Lines

[jim royston]

Cheer up, it's the Holidays!

[Brian K. Shaffer]

One can never be too careful...

Thanks all... great stuff - exactly what I was needing.

oh yeah - happy holidays everybody ~

[PYochim]

Another suggestion would be to involve the services of a reputable dealer.

[Hellmtflies]

Well.....We're all going to die. No one gets out of this alive. Isn't that cheery. So, KISS. I have all of my rods, reels and books listed on a computer sheet. There, it shows what I have paid for each item and what the current value is. That list gets updated from time to time as items are added or sold off. So, when I pass on my better half is then in a better position to protect her from any less that reputable dealer etc. She knows who to contact first, second or third if necessary. All of this is stated in my will. Particular items that I want to go a particular person or agency is stated on a hand written note attached to my will. It sounds complicated but if one stays current with additions and subtractions from the list it's simple. As for myself my ashes go in the Firehole at a particular location on that river. The trout can get their shot at me then.
Mark

Note; As for all the fly-tying stuff I have collected over the years, and there is a ton of it, it isn't worth much on the second market regardless of what one has paid for it. IMHO. So those items will be given to the local trout fishing club that does the most with the youth in the area. Note too that any high-end items will be given to close fly-tying relations.

[BigTJ]

My wife is in estate law. Get yourself a trust and a will if you don’t want your estate locked up in probate. It’s not just your fishing stuff. Everybody needs this to avoid heaping frustration and pain on your family dealing with your stuff. Death is bad enough as it is. So do your family a favor hire a reputable attorney and get it done right. Money well spent.

It’s not just death BTW think of things like incapacitation medical treatment Alzheimer’s the list goes on and on.

John

[chugbug]

"The earth belongs in usufruct to the living; the dead have neither powers nor rights over it. The portion occupied by any individual ceases to be his when he himself ceases to be, and reverts to society.”

– Thomas Jefferson (Letter to James Madison, dated Sept. 6, 1789).

(Not legal advice of any kind, just an interesting quote for you.)

[GRASSNGLASS]

Possibly be better to have a dealer or good auction house dispose of it and donate the money to a charity of your choice.

Also, why the Boy Scouts, the Girl Scouts bring us cookies.

[hatch]

In the state of Maine a will is legal if it is written in the hand of the person making the will, dated, and witnessed by two or more persons not named in the will, and notarized. I have been involved in a situation where a will like this was used. It was decades ago so things may have changed.
My antique tackle has been left by "legal" will to my girlfriend. I have advised her to contact Lang's tackle auction. (Now don't have a cow. The board only states that we are not to discuss specific items at an ongoing auction). I realize that she will not get the most money going this route but they come get the stuff ,advertise it, and sell it and she only has to wait for the check. It's the easiest way for her, and my stuff goes to collectors who will appreciate it as much as I did. Works for me. The collections that have passed through Lang's over the past several years attest to the fact that other collectors, or at least their families, have felt the same.

I don't find this to be a gruesome topic. I think it's smart estate planning. "Happy Holidays"

[narcodog]

Since my wife recently passed away, I settled on a revocable trust with a will as a secondary. I have designated where and who gets my stuff. I have two trustee's, a back up. Trusts do not need to go through probate which can cost a lot of $$$'s.

[60InchDV8]

I inherited some vintage tackle from my Grandads, father, uncles,in-laws, and fishing pals. I would suggest you would get more pleasure donating to fishing buddies and friends while still healthy enough to enjoy the pleasure of their gratitude. I know my relatives and in-laws were happy knowing that the items they enjoyed fishing were going to be appreciated and continued to be fished. When I hook a good one on my Grandfathers 15 foot Sharpes spliced cane spey rod and 4 1/2 inch Hardy reel, I feel he’s still guiding and salmon fishing with me.
Regards from the Restigouche....Jim

[DrLogik]

Brian,

It depends on your State's laws. In North Carolina the State recognizes a "Holographic Will" (i.e. a hand-written Will) and so do other States. In NC the Will has to be hand-written in your own hand writing, signed and dated. It does not need to be notarized. Even if your State recognizes a Holographic Will I think it best to consult a lawyer to help you create a Will...as others have suggested.

[BigTJ]

Since my wife recently passed away, I settled on a revocable trust with a will as a secondary. I have designated where and who gets my stuff. I have two trustee's, a back up. Trusts do not need to go through probate which can cost a lot of $$$'s.

Narcodog has it right...if you are going to take the easy route and do a simple will, your family is most likely going ot be stuck in probate for the higher value items, which can take months if not years to settle. If I could tell you the stories I've heard, you would run to your nearest estate lawyer's office, and get a trust in place.

-John

[FreestoneVintage]

Lots of good input here. Thinking about it ahead of time is highly recommended.

As a dealer, it seems like every few months I'm contacted by a fly fisher/collector who might not be ready to sell anything, but they want my information to keep on file with their attorney or trustees. Laying out a clear cut plan ahead of time will save time and energy. It will also give you piece of mind that certain items, or the value they represent, will end up in the right hands.

If the universe stick to the plan I'll still be fishing 50 years from now, but I have something written up and my family knows where it is. I've had too many close encounters with big cow moose to think it couldn't happen to me

[rsagebrush]

And if you get an attorney, get one who knows what he's doing, there's some horror stories too.

[Franknrod]

Estate planning was part of the services offered by the financial planning firm I ran for many years. A couple thoughts for you. Rich or poor, single or married, we brought each client to their attorney to execute a properly written will. None of the homemade wills I saw over the years were actually valid due to technical issues such as wrong or no witnesses. The confusion and disputes I have seen over the years when someone dies without a will leads me to believe that it is worth the time and money to have an attorney involved with signing a will. (Before I entered the business, my father died without a will four days after separating from his second wife!)

Whether you should have a living trust in addition to a will would depend on the size of your estate and the nature of your assets and personal situation. An attorney or estate planner could give you reasonable choices. Probate is not always a nightmare to be avoided. For small estates without disputes it can go quickly. Much of your estate such as 401k, life insurance, and IRA's will pass by the beneficiary you chose regardless of what you say in your will.

To make sure your fishing gear goes to the Boy Scouts, you can include a specific bequest in your will. Then your executor would have a legal obligation to follow your instructions. Clarity on what is "fishing gear" and exactly who should receive it is important to avoid confusion or disputes.

If your estate is otherwise simple and you trust your beneficiaries, another approach is to leave a letter of instruction with your attorney regarding your desired distribution of tangible physical property and make reference to that letter in your will. While your executor will not have the same level of obligation as a specific bequest, it lets your family know what are your wishes. For some families this is enough. The other benefit of this approach is that it is easier to write a new letter of instruction if your wishes change or if the Boy Scout troop disbands than to execute a new will.

I hope this is useful. While these thoughts violate your "No legal mumbo jumbo" desires, keep in mind that you only get to die once. If you care what happens afterwards, it is worth spending a few dollars now to make sure things will happen the way you want and avoid having your loved ones spend much more afterwards to straighten things out.