Many people dream about drafting their own legal estates and wills, rather than hiring an attorney for thousands of dollars. If a person wants to write his or her own legal will, however, there are some basic legal terms he or she ought to know. This article will discuss the most essential legal terms a person should know before drafting his or her own will.
First, a person should know that the owner of a right to possess land in the present is referred to as a possessory estate. Also, an owner with a right to possess land in the future has a future interest in that land. After understanding these fundamental concepts of ownership in property law, it is next necessary to examine the most popular types of estates that exist.
There are four possessory estates that are important to know. These are a fee simple, fee tail, life estate, and term of years. Each possessory estate has its own distinguishing feature. It is also important to recall the definition of a possessory estate, which is the right to possess land in the present. A fee simple is a type of possessory estate that has no inherent ending, and it is the largest estate out of the bunch named above. There is no ending built into a fee tail by its very nature. An example of wording describing a fee simple that might come up in a legal will is, A to B and (his or her) heirs.
Next, a fee tail is a type of possessory estate with an interest that passes automatically to the holder’s issue, upon the holder’s death. Issue is a word that refers to lineal descendants. The interest ends when the last lineal descendant dies. With this type of possessory estate, the law assumes that it is inherently limited and will end naturally at some point.
The third type of possessory estate this article will discuss is a life estate. A life estate is a type of possessory estate with an interest that will end upon the death of the person whose life is designated as the measuring life. An example of language articulating this concept is, A to B for life.
The fourth type of possessory estate this article will discuss is a term of years. A term of years is also known as a lease.
Overall, these are the basic terms to know when creating a will.
Suzan Herskowitz Singer has written: 'Wills, trusts, and estates administration' -- subject(s): Legal assistants, Inheritance and succession, Handbooks, manuals 'Wills, trusts, and estates' -- subject(s): Legal assistants, Inheritance and succession, Handbooks, manuals 'Wills, trusts, and estates administration' -- subject(s): Legal assistants, Inheritance and succession, Handbooks, manuals
Probate Courts
wills with property involved
D. A. Buck has written: 'Fauquier County, Virginia legal documents, 1800-1865' -- subject(s): Wills, Genealogy, Inventories of decedents' estates
If you are looking to organize your wills, trusts and estates, the best thing to do is to consult a lawyer. They will help make sure all paperwork is put together properly and no mistakes are made.
A holographic will is a will written completely in the handwriting of the testator that does not meet statutory requirements for a legal will. Holographic wills are legal in NY only under limited circumstances for people in the military, people associated with the military, and mariners all as set forth in the section at the link below. At NY Statutes: Click on EPT-Estates, Powers & Trusts Click on Article 3 Part 2-Execution of Wills Click on 3-2.2- Nuncupative and holographic wills
While living in Pennsylvania, my husband and I drafted wills with a Pennsylvania attorney. We now live in Virginia. Is this a problem?
Leopold Amighetti has written: 'The law of dependants' relief in British Columbia' -- subject(s): Decedents' estates, Decedents' family maintenance, Inheritance and succession 'Wills, estates and government benefits' -- subject(s): Decedents' estates, Estate planning, Law and legislation, Old age pensions, Wills
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They have the same rights as they have with an estate that has a will. The creditors file their claims with the executor.
United StatesThere are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.United StatesThere are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.United StatesThere are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.United StatesThere are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
most places