Wills

A will is a legal statement detailing the transfer of property and belongings when a person dies.

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Wills

Is the revocation of a will a breach of contract?

A Will is NOT a contract. A Will is a declaration. A Will has no power or authority until the death of the testator. You cannot breach a contract where a contract does not exist.

However, if you had a contract under which you performed a service or gave up something of value in exchange for a promise of a particular thing under the Will and that Will was thereafter revoked it could constitute a breach of contract. If you can prove the existence of the contract without violating the "Dead Man's Statute"* and that you performed what you were obligated to do under that contract or detrimentally relied on that promise you may have a claim against the estate of the deceased for the breach in failing to compensate you with whatever they had promised to under the Will.

In some states a contract to make a Will must be in writing. In all states if the contract involves real estate the Statute of Frauds applies and the contract is treated as a contract for the sale of land and it must be in writing.

An example of this would be where Uncle promises Niece that if she will move in with Uncle and take care of him Uncle will give her the house in his Will. Thereafter Niece moves in and pursuant to the terms of the contract takes care of Uncle. Uncle neglects to give Niece the house. Niece would have a claim against Uncle's estate. The contract to make the Will would have to be in writing since it involves real estate.

*Dead man's statutes are designed to protect the estate of a deceased person from fraudulent claims made by a person who had engaged in transactions with the decedent. These laws do not permit theclaimant to testify as to what terms a decedent verbally accepted, since the decedent is unable to testify and give his or her version of the transaction.

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Legal Documents
Wills

How can you tell if jack wills is real?

Check that all the labels state Jack Wills spelled accurately, usually the actual fabric used for the tag is white. On the buttons usually it states Jack Wills too. Most of their designs are similar each season, so compare the style of clothing with that displayed on the website or in handbook.

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Estates
Probate
Wills

Are Wills filed in court before the testators death in Massachusetts?

Generally, no. However, a testator may file their will in probate for a nominal fee where it will be safeguarded in the files until it needs to be probated. If a testator decides to take advantage of that service they should make it known to other family members that their will has been filed for safekeeping.

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How do you find out if you are a beneficiary of a life insurance policy?

The National Association of Insurance Commissioners has a "Life Insurance Company Location System" to help you find state insurance department personnel who might help identify companies that might have written life insurance on the deceased. NAIC's Life Insurance Company Location System - five questions, using your best guess if necessary, then click on the 'Create Suggested Contacts' link to view a list of State Insurance Departments that may be able to assist you with your search. - (external-apps.naic.org/orphanedpolicy)

Here's an authoritive article on this subject

I used this service and got results in seven days: www.policylocator.com for $75.00

Have the owner or insured contact the company and ask.

Simply contact the insurance company and ask for the claims department. Explain to them the situation and they can tell you who the beneficiary is. They will be happy to settle a claim for you in most cases! You may also want to check and see if there is an agent listed as a contact within the paperwork you have and start there. Good luck!

Life insurance is a private transaction, the only people who need to know this information are the owner of the policy, the life insurance company, and the executor of the estate (if deceased).

The best way to find out is to ask the owner of the policy. If the life insurance company tells you, they are violating part of the trust the owner has in them. In fact, even if the insured/owner is recently deceased, companies should not confirm the beneficiary until after they receive a death certificate because any stranger could call up and ask.

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Estates
Probate
Wills

Are all wills filed in the county probate dept and if not is there any official record of someones final will?

Yes. If a will is filed for probate it will be in the probate records. There is no other depository for wills in the US. If the will was not filed in probate then it is not available unless a family member or some other person in possession of an unprobated will agrees to share it with you.

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Probate
Wills

What if an executor refuses to distribute the assets of an estate in a timely manner?

The beneficiaries should visit the court and complain to the court that appointed the executor immediately. The beneficiaries can file a motion for the court to compel the executor to perform their duties. The beneficiaries can also file a motion to remove and replace the executor.

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Wills

Should you rewrite your will and designate a guardian while still pregnant?

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 if something happened to Laura. The result was she became a ward of the state and was then put up for adoption. There are probably relatives out there; the county or the State of California just couldn't find them to tell them.

Additionally, my grandparents both died before my mother was 12. No one was designated as a guardian, and she was placed in a foster home for five years. One year (age 12-13) was spent being shuttled between various half-brothers and sisters who were either unable to care for her at the time, or didn't wish to, because she was from their father's second marriage.

A person may name a guardian for all children who may be born to him or her in the future, just as one can leave property to children who may be born to him or her in the future.

Designating a guardian can take time if there isn't an obvious choice. You also need to make sure the guardian is willing!

A will has to be probated to be effective, so naming someone as guardian in a will is going to delay things. I would recommend a letter nominating someone as guardian of any children who are minors at the time of your death. Have the nominee keep the original, but keep a copy somewhere where it will be found in the event of your death.

If you write the letter yourself instead of having an attorney do it for you, make sure the letter is written in your own handwriting (not typed), signed by you and dated. It would also be advisable to have it notarized. In addition, you should make sure the copy you keep is a certified copy, rather than just a xeroxed copy.

If you are having a problem pregnancy, you can make sure the hospital and attending physician know about the letter and know how to contact the nominee. Make sure the nominee knows she/he has to go to court to be legally appointed guardian. Neither a will nor a letter designating a guardian does anything to create a legal guardianship.

If the father is alive and wants custody of the child, he may get custody in preference to a guardian nominated by you. If you have reasons for not wanting the father to have custody, you should make them clear in the letter and provide the nominee with whatever evidence you have to support your claims.

Basically accurate. In most states you recommend a foster patent or custodian. The local court has the final say but will take your designation into consideration.

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Estates
Property Law
Wills

If husband inherits from his father does his wife get half?

No. His wife has no rights to the inheritance.

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Probate
Wills

What is statutory inventory in a will?

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 two documents and either allow the final account and close the case or ask the executor to provide more information.

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Estates
Lawyers
Wills

Are wills registered?

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 for property to pass to the beneficiaries. Title to real estate cannot pass to the heirs unless an estate is probated with or without a Will. Once a Will has been submitted for the probate process it becomes a public record and anyone can visit the court and obtain a copy.

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Wills
Estates
Probate

Can an executor charge beneficiary for duties?

It's both reasonable and customary for executors to receive some compensation for their services, particularly if they're not close family or friends of the deceased. Normally they wouldn't bill the beneficiary, they'd simply deduct their fees and expenses from the proceeds of the estate.

Executor's fees are set by statute in most jurisdictions.

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Investing and Financial Markets
Stock Options and Futures
Stocks
Wills

Which US banks participate in the medallion guarantee program?

There are numerous locations that participate in the program but typically you have to be a bank customer to acquire a medallion guaranteed signature. One exception is Bank of America. Bank of America will provide the medallion guarnateed stamp for non-customers, but they do have to obtain information before providing the service. I'd suggest calling the branch you intend to visit before going just to be sure they provide this service, as it's typically just larger or main branches that will do it.

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Adoption
Parenting and Children
Estates
Wills

Can a parent disown an adult child?

Yes. That is typically accomplished by disinheriting that child in your Will.

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Estates
Wills

Do codicils to wills in North Carolina have to be notarized?

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.

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Estates
Famous Quotations
Katy Perry
Wills

If your brother is older than you and because he is a man does he have to sort out your deceased father's will?

== == * Usually most people name an Executor (male) or Executrix (female) in charge of the Will. You do have a right to see that Will, so I'd ask your brother if you could see it. He may or may not let you read it if you are on the young side. If your father just left a Will and never mentioned an Executor/Executrix, then if you are a minor and your brother isn't it's his responsibility to take charge. If you aren't a minor and a few years younger than your brother then BOTH of you should be working on this Will. The court can appoint a neutral party to be responsible for taking care of the estate if the others are minors or decline the responsibility. * No, he does not HAVE to sort out the estate. He can decline the responsibility. If he wants to, and you have a problem with that, you can object and the court may appoint a neutral administrator to ensure that the estate is handled properly.

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Home Equity and Refinancing
Estates
Probate
Wills

Can a WILL be contested?

Yes

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Car Selling
Estates
Wills

Can the executor sell a car that was owned by the deceased?

Yes, they have that power. However, if any money (a loan) was owed on the vehicle by the deceased, the Executor, on behalf of the estate, must pay off the lienholder.

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Estates
Wills

Under what circumstances can a Last Will and Testament be considered null and void?

Answer

Briefly: Every jurisdiction has its own requirements for executing a valid Will. If those requirements are not met the court will not allow the Will for probating. Generally, the testator must be of legal age and of sound mind. The will must be properly signed and witnessed (or in some states, must be in the testator's own handwriting). A Will can be challenged for reasons that include undue influence over the testator by some other individual.

There are other reasons a Will may be declared void depending on the laws in the jurisdiction. A Will written prior to marriage is invalid in most jurisdictions. In some jurisdictions a divorce automatically revokes any will made during the marriage. Other factors can modify a Will include additional children being born after the making of the Will, or someone electing to take part of the estate 'against the Will.'

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Wills

Buod na tatsulok na daigdig?

isang alagad ng sining na nais umalis sa magulong mundo ng syudad. Pumatungo sya sa isang bundok at doon napagtanto ang mga bagay- bagay na una pa lamang nyang naisip.

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Estates
Probate
Wills

Can an executor be a beneficiary in the will he is executor for?

Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.

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Improving Your Credit Rating
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Wills

Buod ng tatsulok na daigdig ni natsume soseki?

ang buod ng tatsulok na daigdig para sa akin ay isang hindi maunawaang emosyon ... hindi pagkapantay pantay ng mga tao sa daigdig....... may mayaman at mahirap ..... kaguluhan at mga problemang hindi matapos tapos

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Estates
Local Laws
Wills

Where can I access forms for free wills?

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.

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Estates
Lawyers
Wills

When someone dies in your family how do you find out who their lawyer was or what property they owned?

Advice from FAQ Farmers: * Contact the property recorder's or assessors office in the city or county where the deceased owned property. * Place an ad in the local newspaper where the person died and also place an add in the legal press. Contact the Law Society in your area and they will tell you which magazine to place the ad in. However it may be the case that the person never had a solicitor or made a will.

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Estates
Wills

Are video wills legal?

most places

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Estates
Wills

What is required to leave a house in trust?

You have to have a trust (which can be set up in a will) and you have to identify what the trust is to be used for.

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