Estates

A will is a document that transfers a person's property to others upon his/her death. This is called a testamentary document. It has no effect to transfer property until the testator dies. A living trust is a document that creates a fund of property, which is administered by the trustee for the benefit of other persons but with certain restrictions or directions on how the fund is to be used. This is called an inter vivos document because it is effective to transfer property during the person's lifetime.

A life estate can be dissolved by the life tenant voluntarily surrendering their rights, or through a legal action by the remainderman to terminate the life estate. Dissolution can also occur through mutual agreement between the life tenant and the remainderman, or if the terms of the life estate end naturally, such as upon the death of the life tenant.

The settler is the person who creates the trust and transfers their property to the trust. More common terms are grantor and trustor.

In Kansas, the executor is entitled to a fee for their services typically based on a percentage of the value of the estate. The amount of compensation can vary and is subject to agreement between the executor and the beneficiaries or approval by the court. It is recommended to review the specific details of the estate in question and consult with legal counsel for guidance.

In New York State, a notary public can notarize the signatures of witnesses to a will, as long as the notary is not one of the witnesses and does not stand to benefit from the will. It is important for the notary to ensure that the witnesses acknowledge their signatures in the notary's presence.

If the will has been probated, it becomes a public record, just as property deeds are when they are recorded. You should be able to go to the probate court where the will was probated and ask to see the will or to get a copy of it. You should be able to get this whether you are in the will or not.

It would depend on the terms of the trust and the laws in the jurisdiction where the property is located. In some cases, a widow may have legal protections that prevent eviction from a property held in a trust, especially if they have a right of occupancy or support from the trust assets. It is advisable to consult with a legal professional to understand the specific circumstances and rights involved.

In Georgia, the minimum age limit for making a will is 14 years old. However, a person under the age of 14 can make a will if they are married or a member of the armed forces.

In New York State, a life estate expires upon the death of the life tenant. The property will then typically revert back to the remainderman or the owner of the future interest as specified in the life estate arrangement.

I assume this question refers to transferring a decedent's property to someone other than the person named in the will. Remember that a will transfers property owned by the decedent alone. Essentially, the only thing that "overrides" the will is jointly owned property and even that does not always do it. If a will gives all of a decent's property to say 2 children, but the decedent's money was in a joint bank account with only 1 of the children, then the money in that account belongs to the joint owner. There are exceptions though. If that money is needed to pay the decedent's debts, then it can be recovered by the estate in an amount equal to the unpaid debt. Another exception is if it can be proved that all the money in the account belonged to the decedent and that the account was set up as a joint account solely for purposes of having the joint owner take care of paying the decedent's bills and if the decedent did not intend for the joint owner to get that money alone, then the account is a "convenience account" and may be recovered by the estate. So in those 2 instances a joint bank account will not override the will.

Most lawyers would say it is not "stealing" in the criminal law sense, but it can be misappropriating property that belongs to another. So it is more of a civil than a criminal matter. You have two courses of action. First, ask the probate court to remove the executrix for giving property that you have an equal interest in to someone else or at least to force her to regain the items. Second, you can sue her or the other sister for your share the monetary value or the return of the items given away.

This cannot be answered without knowing the state involved or whether there is a will or not. Generally, in most states and in New Jersey, where there is no will, the children of a deceased child will inherit the share of the estate that the deceased child would have received and split it equally. This is called taking by representation. When there is a will, you first have to see if it says anything about that situation and if it does, the you follow the will. A will might say that if any child of mine predeceases me then I give that child's chare to my surviving children, or to charity or to whomever he wants. If the will makes no mention of that situation then the grandchildren take by representation just as if there were no will.

Yes, a person can create their own revocable living trust. They can use estate planning software or online services to draft the trust document, ensure it follows state laws, transfer assets into the trust, and appoint a trustee to manage the assets. It's advisable to consult with a legal professional to ensure the trust is properly structured and meets the individual's specific needs and goals.

No, Arizona does not have an inheritance tax. Inheritance tax is a state tax that is imposed on the beneficiary of an inheritance, while estate tax is imposed on an estate before it is distributed to beneficiaries.

Legal aliens in the United States have many rights, including the right to work, attend school, and receive protection under the law. They also have the right to own property and access certain benefits and services. However, they do not have the right to vote in federal elections or hold certain government positions.

It is possible for a stepmother to contest a living trust after the father passes away. However, the provisions outlined in the trust document will be crucial in determining how the assets are distributed. It is recommended to seek legal counsel to understand your rights and options in this situation.

Pretty simple. You can either create a Codicil or write a whole new will. Some states have a provision that allows you to have an appendix that specifies disposition of some types of items with a written listing or note properly dated. And that can be changed as often as one likes.

The heirs of Don Leopoldo and Maria Montemayor Sison are individuals who are entitled to inherit their assets and possessions as determined by their will or applicable inheritance laws. It is essential to clarify the specific details of their estate and consult with a legal professional to understand the inheritance process thoroughly.

If he leaves it to her, certainly. Note that most divorce decrees will invalidate any wills created prior to the decree. But that doesn't mean that he cant create a new will naming her as a beneficiary.

Yes. It is even better than a typed or printed Will. Called a holograph Will. Much easier to prove in a court of law by the propounder if there is necessity for probate in that legal system. There are two types of Wills: Privileged and unprivileged. Priviliged Wills are of Soldiers, Sailors, Airmen - basically serving in professions dealing with security and outside; far away from their homes. Privileged Wills do not need to be proved by witnesses as required by most legal systems as concerns unprivileged Wills which I will come to next. There are privileged wills that have been written by dying soldiers on scraps of paper; on cigarette packet covers; matchboxes in just about legible hand, have all been upheld by any court before which they have been produced for probate by the propounder who was often the buddy/comrade of the dead soldier. The unprivileged Will is for the rest of the populace, and when holograph is even better, but the testatot definitely must have a legible hand, so that anyone who reads it would get to know what he really means. The unprivileged will must be signed by at least two witnesses who have seen the testator sign the Will and the testator should have seen the witnesses sign, of whom at least one witness would be required to present before the probate court to prove the Will if probate is necessary. Otherwise the Will needs to be proved by at least one witness in any civil proceedings. I saw the deceased affix this (point to the signature), his signature to the Will. The deceased saw me sign this (point to the signature), my signature on the Will. That is all. The Will is proved. Any caveator who wants to challenge the genuineness of Will will cross-examine the witness and shatter his testimony, any way. If the Will is genuine the old adage stands: "The truth is easy to explain; a lie is very hard to defend." ABOUT HOLOGRAPHIC WILLS from over ten years experience in the probate court in New Jersey: A holographic will is NOT better than a standard typewritten having two witnesses for several reasons. 1. Holographic will are more difficult to probate than standard wills; therefore they are more apt to be denied probate. Under the Uniform Probate Code adopted by 18 states and by many others in part, a will may be made "self-proved" at the time the will is executed or even at a later date by having the witnesses and the testator sign affidavits as to the due execution of the will. Following the self proving procedure means that the will can be probated without locating the witnesses at a later date. A holographic will cannot be made self-proved because it does not has no witnesses. This means that two things have to be proved for a holographic will that do not have to be proved on a standard will One is that someone familliar with the handwriting of the testator must testify that he/she is familiar with the testator's handwriting and that it matches the handwriting of the will. Even if the will is not self-proved, as long as there is a proper attestation clause over the witnesses's signatures, the witness does not even have to remember witnessing the will. The witness essentially relies on the attestation clause. Second, that same person or some other person must testify that he/she is familiar with the signature of the testator and that the signature on the will is the testator's signature. Without these two proofs, a holographic will will be denied probate thereby ruining the testator's intentions. 2. A holographic will is written by the testator who is most likely not a lawyer. As such the testator may be unfamiliar with technical laws of wording bequests, trusts and appointments of fiduciaries. There is a greater chance of the testator's true wishes going unfulfilled with a holographic will than with a standard will because the holographic will might use improper or ambiguous language. As an example, a testator might give money to another person to be used in trust for another person. But it happens sometimes that faulty language is used such as "I give this money to Person A and I would like him to use it for Person B." With this language Person A does not have to use it for Person B. The testator's language indicates a wish not a binding direction. 3. Most probate courts probate wills by a simple affidavit of one of the witnesses in an administrative manner. Some states require holographic will to be proved in court with live testimony before a judge. In addition, notice may have to be sent to everyone who who would be affected positively or negatively by the probate. A court trial, even if uncontested will add hundreds if not thousands of dollars to the cost of just getting the will admitted to probate, because of all the excess and unnecessary attorneys time and services that have to be put in. This also increases the time it takes to probate the will. Usually a standard will can be probated in several days, but a holographic will needs more time because of the notice requirements and trial time schedule. 4. It is easier to lose or misplace or just not even find a holographic will. Holographic will do not look like standard wills, since they are often written on plain stationery, which have been known to have been thrown out by mistake. Thus, holographic wills are more expensive to probate, more time consuming and more apt to defeat the testator's purpose in whole or in part than a standard two witness will. Are they better than standard wills? Not on your life.

Even though it is advised, in most cases, a holograph will (handwritten or self written) that contains all the correct state specific wording and is notarized in the presence of two impartial witnesses may hold up in court.

In Virginia, if there is no will, the estate will be distributed according to the state's intestacy laws. Typically, this means that the estate will be inherited by the closest living relatives, such as a spouse, children, parents, or siblings, in a specific order of priority set by state law.

It is a good idea to change your daughter's last name in your will once she is married. However, you can attach an addendum to the will that has the same effect without the need to rewrite the entire will.

In the absence of a will, the probate court would typically appoint an administrator to handle the estate. The mother may be able to petition the court to become the administrator if she is next of kin and meets the legal requirements.