Wills

There is no time limit to settle an estate. In some cases a very large estate can take decades to resolve and there may be trusts involved as well.

In general, the beneficiaries on the CDs and IRAs control over the will. This because the CD or IRA is an asset which by its own nature becomes the property of the named beneficiary. The asset is not the property of the decedent's and a decedent's will transfers only assets in the decedent's name. On the other hand, the rules might be a bit different when it comes to simple joint bank accounts as opposed to ones that have beneficiary designations. In some states, it is possible to challenge a surviving joint owner taking the account.

It is legal for them to fill out their will if on medication. If the medication impairs their judgement it could be an issue, but some medications are needed.

If a person who owns any property dies without a will their property passes to the legal next-of-kin according to the laws of intestacy in the jurisdiction where they lived. You can check the laws of your state at the related question link below.

The executor has to inventory and value all assets. They have to provide a full accounting to the probate court.

No, anything legal has to be in blue or black pen.

Knowing divorce law firsthand, the ex-husband will have to pay all of the ex-wife's debt or go to jail. The husband, before going to jail will kill her and hide her body; we will hear of this "tragedy" on Fox News (if woman is white) ad nauseum, but it will be a missing white woman news story first, then a missing white woman's dead body story. When divorce law becomes more even-handed, the tales of missing white women will soon stop! Knowing divorce law firsthand, the ex-husband will have to pay all of the ex-wife's debt or go to jail. The husband, before going to jail will kill her and hide her body; we will hear of this "tragedy" on Fox News (if woman is white) ad nauseum, but it will be a missing white woman news story first, then a missing white woman's dead body story. When divorce law becomes more even-handed, the tales of missing white women will soon stop! The money she has coming is an asset. That asset may be used to pay her debts. So while she may not actually receive it anymore, the debt must be paid (just directly to her creditors), and the court, protecting those creditors will even make sure the ex pays it.

The executor is breaching their duties. They have no control over the estate prior to the testator's death.

Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.

The death of an executor does not affect the will. The will is followed by the executor who reports to the court. If the grandmother left the children out of the will, they will not be entitled to anything.

They may be able to contest the sale. However, the executor has the responsibility to settle all debts. The home may have to be sold to pay off the debtors.

The executor's job is to settle the estate. That includes resolving all of the estate's bills, from the estate, not their own pocket.

No. A change in a will must be signed by the testator.

When the testator has revoked it in writing, or by destroying all copies. A new will supersedes an existing will. Also, beneficiaries and the court have the ability to make some changes as a matter of law.

You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.

You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.

You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.

You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.

You can be appointed executor without knowing it. There is no requirement to share the contents of the will before death.

Yes, as long as all beneficuiaries agree. It is a simple loan agreement.

There is no expiration date. The will is valid until it is destroyed or replaced with another will.

The executor is responsible for the settling of the debts of the estate. They are to use the assets of the estate to do so. If there are not enough assets, the debtors don't get paid. Unless they have committed fraud, there is nothing to arrest them for.

In the UK, where there is a joint bank account, any of the signatories on the account can do anything with the contents of the account. If one signatory dies, the position does not change and the remaining signatories can continue using the account.

HOWEVER, for the purposes of inheritance tax, the contents of the account at the time of death must noted and, (unless there is documented proof to the contrary), a sum equal to the content divided by the number of signatories on the account will be included in the tax/probate calculations for the deceased.

Yes, they are legal documents. They can be used to establish debts and assets.

In a will, a trust is when one or more individuals hold the legal rights to the deceased's properties or anything of value. The trust is usually split between all those involved in the legal relationship.

The will is admitted to probate and the executor follows its instructions. If the child is not listed in the will, they can apply to the probate court for a legal change. Most will make sure that the child is taken care of and does not become a ward of the state.