Unanswered | Answered

Wills

Parent Category: Legal Documents
A will is a legal statement detailing the transfer of property and belongings when a person dies.
Yes. The owner of the item may leave a will where the "item" is  bequeathed. However, if the item is a large financial or  property/business then other parties may take exception to this and  challenge the will. It is always appropriate to seek out a legal  professional to ensure the the wishes...
ترجمة من الجواب هن "كات كلوس": كل ولاية لديها قوانينها الخاصة  بموضوع الميراث. الجواب يعتمد على عوامل كثيرة مثل إذا كان الإبن  متزوجا إذا كان له الأطفال، إذا كان الأط...
  in the probate office of the county the deceased resided in.
An executor, if he or she has received Letters Testamentary from  the court, is responsible for being the agent of the deceased.  He/she gathers the assets, pays the debts, & distributes  whatever is left over.
When a plaintiff (deceased) is suing out of their estate; The estate of a deceased plaintiff; Intestacy - leaving behind no will.
When a will has been filed for probate, there is a short period at the commencement of a probate proceeding when it may be contested. Any objection must be filed with the court during that period or the right to object is lost.
It depends on the laws of the jurisdiction & the lease  agreement. However, the general answer is "no".
Probate laws vary in different jurisdictions. Generally, if there is real property in the estate the will must be probated in order to vest legal title in the heirs. If there is personal property such as bank accounts, investment accounts, a car, home furnishings, etc., the estate must be probated...
It depends on the laws of intestacy of the state where the person  resided when he/she died.
Any or all of them can petition the court to remove the executor.
In most places a Will can be filed with the probate court while the testator is living, for safekeeping. That would be a voluntary procedure. Most people simply keep their Will in a safe place or filed with their attorney. Once a testator has died their Will must be filed for probate in order...
If you can't find it in the deceased parents belongings, maybe you  know he/she typically used a particular attorney & can check  with him/her?
I think you mean executor (or, if female, executrix). Broadly  speaking, his/her job is to "gather" (account for) all assets of  the deceased, pay outstanding debts, & distribute what is left  over pursuant to the Will.
They aren't. However, if a person wishes, he/she can file it of  record in the office of the county clerk.
Yes. Once an executor has been appointed by the court they have legal control over all the property of the decedent. If you don't surrender the key the executor can hire a locksmith to enter the premises and change the locks. Once the Will has been allowed in the probate court, and the executor...
If your father didn't update his will to accommodate his new wife, she is entitled to receive a statutory share under most state laws in the United States. The will must be filed for probate and your brother must petition the court to be appointed the executor. If no objections are made to his...
The court appointed executor must file an inventory of the estate with the court. Once the debts have been paid and the remaining estate has been distributed the executor must file a final account to show the disposition of the assets that were reported in the inventory. The court will compare the...
If there is no Will, then there cannot be an Executor. When a  person dies without a Will (i.e. "intestate") and there is a need  for an Administrator (as opposed to an Executor) to settle the  deceased's estate, then someone who may have an interest in the  estate can file with the court to be...
It depends on the jurisdiction, but generally yes if the legal  conditions are met, which typically is that the ENTIRE document  must be handwritten (i.e. no typing). This is called a "holographic  will".
Then his or her estate is divided according to the local laws of intestate succession, generally giving all or half to a surviving spouse or children of the whole blood, if any, and otherwise to the parents and their descendants of the whole blood, if any, and otherwise to grandparents and their...
First, expect "stupid questions"; banks typically have reasons fortheir stupid questions. Second, write a letter to the banking institution's headquarters'office. State these facts: . Your mother's full name. . Her date of birth and date of death. . Her place of death (city, county, state) . If she...
Check the index at the probate court in the jurisdiction where she died.
The blank document of a last will and testament can be found  online, however, personal records of someone's last will and  testament are confidential documents that are not public record  online.
Yes, unless it is specifically left in the Will to someone else.
That is what Notaries DO. They witness and substantiate the signatures on the document as being valid. However, the simple act of notarization does NOT make a document a "legal" document.In the case of a will - the Notary's only function (IF notarization of a will was even required by state laws)...
heir or beneficiary
Answer . The requirement is that you have witnesses to the signing of a will or codicil. There is no technical requirement that any of the signings be notarized, but it is usually recommended to remove any doubt about the signing and witnessing.
Depends on the state or country you are in. The statutory law lays out what the requirements are to create a valid will within the jurisdiction in question. In many places it also lays out how the estate is to be distributed if there is no will.
Not usually. There is a proper for to change a will, with the required witnesses and signatures, absent which the "letter" would be irrelevant.
The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will...
You should contact that attorney again and ask his help in settling the estate.An attorney told us the sam thing. He filed a list of heirs and then he drew up a new deed for the real estate that my mother had owned. It was a lot cheaper than recording a will.
Visit the probate court where the decedent lived and ask to review the file.
You are speaking of two completely different legal arrangements. You need both. A POA grants another person the authority to act on your behalf. It gives an agent control over your assets and the authority to sign your name to legal documents. They can access your bank accounts and write checks...
Yes. If the father died intestate, without a will, and the relationship can be proven the child is entitled to inherit under the state laws of intestacy. However, the child must make a timely claim through the court if their existence is unknown to the administrator of the estate. You should consult...
Yes, the executive of the will can be a beneficiary. They are also entitled to compensation for their work.
  == Answer ==   All of the assets belonging to the deceased. That would include all property rights, personal belongings, money and investment instruments. The Executor also has to include all gifts given in the last two years prior to death.
In the United Kingdom this process can take six months or more. An estate of a deceased person can not be divided up for at least the first six months after a death, this is to ensure that any person or company who may have been owed funds from the deceased persons estate has time to claim them. So...
The estate must be probated so the title to the real estate can pass to the heirs legally. If the decedent had a will it must be presented to the probate court and an executor appointed. If there is no will the court must appoint an administrator and property will pass to heirs according to the...
If your parents die without leaving wills then once the last surviving parent dies their property will pass to their heirs at law according to the state laws of intestacy. If your parent desires to disinherit you they must do so by a will. If they don't leave a will then you will receive an equal...
No. An attorney-in-fact under a power of attorney cannot make changes to a will. A Power of Attorney is an instrument in writing by which a living person (the principal) gives another person (the attorney in fact or agent) the authority to perform certain SPECIFIED acts or kinds of acts on behalf of...
Absolutely. Every base has a legal office. The Army calls it a "JAG". They can help any servicemember, and even dependents with legal documents such as a will or trust.
In most states, an executor has 60 days from the date of death to  notify an heir. The process may take somewhat longer in some  states.
Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.   AnswerGenerally, when a will is presented to the probate court to be proved and allowed the person making the...
In theory, the estate's account cannot be "closed" until all assets are distributed, even though it may take years to track down beneficiaries and deliver the checks. Because the value is still "in the estate", the check on the closed bank should be exchanged for a valid one on another estate...
No. The purpose of a Will is to distribute the testator's property after death. A Will, if properly drafted, becomes operative upon the death of the testator. It must be submitted to probate court for allowance and the testator's property will be distributed as set forth in the Will after the debts...
That would be a notice to your brother that he has been named as a beneficiary of an estate.
There is no cost to change a will, if you're not dead yet, although you might want to pay someone for proper advice on how to change it to meet legal requirements.
Certainly you can have both. In many cases the will creates atrust.
The court that made the appointment should be notified and a successor executor must be appointed.
Income of a living trust is taxable to the trustees, if that's what you mean.
It would depend upon the grounds under which it was contested. If it was invalid for lack of formalities, it wouldn't matter who gets what, it is void. If they are contesting a will that omits them, they would have the burden of proving they were adopted or that the laws require them to obtain a...
This is -- I can't emphasize it enough -- very important! You should, from my point of view, do this before the birth. I had a friend in elementary school whose parents were killed in an auto accident when she was 3 weeks old. No relatives were found, and there was no one designated as a guardian...
Most laws of intestate succession provide only for blood relatives to inherit, sometimes followed by step-relations (of the half-blood, by marriage). This would not usually include any in-laws who are not also of the same blood. In the case of an "uncle": his surviving spouse and any direct...
In the normal intestacy laws, no. If there is a will that will trump the laws.
it is called a "holographic will"
  == Answer ==   It should have any impact unless you are a beneficiary of the trust.
Yes, as long as everything is documented. Jobs that have to be done can be done by anyone at reasonable rates.
It should have been filed in the probate court in the county where he was last residing when he died.
No! the person who wrote the will will just have to mention you...no blood relations at all are needed.
Typical is vague. A typical bill of sale for a $400 million company could take months to draft (and negotiate) and a bill of sale for a used vehicle could take under a minute.
It essentially means that you may have given the right of title to  someone else, but you will retain the item until your death.
No. A third party who is not mentioned in the will should act as witness.
There is no cost. You may be asked to pay for advice on how to make it properly.
Like most legal questions, the answer is "it depends." For example, say the wife said in her will that her husband should never remarry. She had no right to impose that on him, so obviously no court is going to hold him to that. On the other hand, say that the wife left a sum of money in a trust for...
Who is named in the Will has no bearing on whether or not you can contest it. Grounds for contesting a Will include such things as mechanical defects in the Will, the deceased not being of sound mind at the time that the Will was drafted, undue influence, or that he was forced to change the Will. ...
birth cert death cert drivers licensmailss #
Answer . Check to see if your state has a "statutory will" form. Many of them have a simple fill in the blank form. A quick search on 'statutory will' and your state will find one.
Contact the lawyer of the person you are trying to get the will on.===============================================If the person is alive and well, having access to that person's will is really none of your business. In any event, a person usually has the right to change his or her will at any time...
A person who benefits from a Will should not be a witness.
Often the court will grant it to the person that applies for it. They may require all of the beneficiaries agree to the individual, or they may appoint a neutral party.
Yes. The will has to be probated in the state where the decedent resided at the time of death. Most states allow a foreign will as long as it meets the legal requirements of the state in which it was executed. If the decedent owned property in any other state the Will must be probated in the other...
It is called the age of majority. In most places it is set at 18, but can be as high as 21 depending on the state or country. Until then an individual is not considered an adult and cannot enter into contracts.
Who would have had an "insurable interest" on your Dad? Ask them. Mom? Grandparents? Employer?
There is no requirement for an attorney to sign a will. It has to be witnessed and may require a notary.
Probate records are court records so they are found in a probate  court that has jurisdiction over the place where the death occurred  or where estate property is located. Depending on the time since  the probate action, the records may have been moved to some  permanent storage location such as...
You would have to go through 8 years of college to get a degree, then you would need to be an intern for another three years, so it would take about 11 years for you to finally get a degree.
not sure as it depends on the terms in the will and your personal circumstances. The law is fixed and cannot bend to the nuances of individual situations. If you are the parent of the deceased spouses children and still need to care for them then i suppose if money does come to you then it should be...