0
How do you find a copy of a prior will that has been revoked just before the death of the testator?
Wiki User
∙ 15y ago
It may be difficult for you to obtain a copy of a revoked will. At the link provided below there is some excellent advice regarding where to look for a lost will. If you have access to the home of the decedent the checklist might help you to make a search for a copy of the prior will. You might ask the family lawyer for any wills she may have in her files although she may not share them with you. If you suspect the new will to be invalid you would need to make your objections to the court and state your reasons for objecting. Perhaps your own attorney could request a copy of any former will as part of a court action.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Does a co exectuator of your mothers estate have the right to a copy of her will before she is dead?
No one has a 'right' to a person's will prior to their death. However, the testator should let the named executor know where the will can be found so that it can be retrieved by the executor and filed in probate after the testator's death.
Does a quit claim deed override a will if the quit claim deed was sign before the will?
Yes. If a testator makes a will devising real property to a beneficiary but then transfers that property by deed while still living, the property is not part of their estate when they die and the gift in the will has no effect.
In Massachusetts who is entitled to a copy of a will?
No one, prior to death of the testator. Anyone, after it has been filed in Probate Court.
If you are named in a trust can you see that trust before death?
A testamentary trust is one that is set forth in a person's Last Will and Testament. If you think you are named as a beneficiary in a testamentary trust you have no right to see the Will prior to the death of the testator.
Where is a will filed?
A will is filed with the probate court. It can be filed prior to the testator's death. Or it can be stored in a safe place such as the lawyer's office.
If an executor of a Will inform beneficiaries of the contents b4 the testator is deceased and this leads to pressure on the executor or on the other beneficiaries to do deals what does this mean?
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
Should the executor of an estate have a copy of the will prior to the persons death that he is executor to.?
No, it is not necessary or wise to distribute any copies of a will during the life of the testator. However, the executor should be informed of where the will can be found when the testator has died and the will must be probated.
The testator gave property away as gift prior to their death. Can others mentioned in the will sue this person?
No. First, a will doesn't become effective until after the death of the testator. Second, only the property owned by the testator at the time of death becomes part of the estate. If they gave away their property during life, that property is gone and whoever received the gift during the life of the testator is the rightful owner. Remember that a person can do what they want with their own property while they are alive and a will only distributes any property owned at death.
In Florida can a quitclaim deed be revoked prior to death?
Quitclaim deeds cannot be "revoked". Once the deed has been executed the property has a new owner: the grantee. The grantor in the deed no longer has any interest in the property.
Can you tear up your will?
Yes. The testator can destroy their will at any time prior to death. If there is no will at death, the estate will be distributed according to the laws of intestacy. You can see the laws for your state at the related question link provided below.
What happens if an irrevocable trust was left to 7 beneficiaries but owner of the trust before his death quit claimed property to only one?
If the trust was set up as a testamentary trust the testator could have conveyed any property that she owned prior to her death. In that case the property would not become part of the estate nor part of the trust upon her death. There are many cases where a testator devised property in an outdated will that she no longer owned. That land is gone. It was not part of the trust property.
Does name on title deed override will?
If the property was in trust when it was granted, then the deed would override the trust because the trustee no longer controls it. Similarly, if your will says your children get your house, but you sell it before you die, then the deed overrides the will. but if the trust was not dissolved and a will is processed when the person dies who has the right to the property . the trustee of the living trust or the administrator of the will
