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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
Can a New York attorney witness a Maryland will?
Any one can serve as a witness to a will. The fact that they are an attorney makes no difference.
Most wills are typed or printed via computer. They still have to be signed, witnessed and perhaps notarized.
Can the executor of estate be held liable for taxes owed if estate is solvent?
The executor is responsible for paying any debts, including taxes, owed by the decedent before any assets can be distributed. If the debts are not paid and assets are distributed the executor can be held personally responsible.
How are disputes handled between two co-executors of an estate?
The co-executors should discuss the issue with the attorney who is handling the estate. If the dispute cannot be resolved the matter should be brought before the court for a ruling.
Are grandchildren considered heirs of deceased grandparents?
No. A daughter-in-law is not related by blood. A lineal descendant, in legal usage, is a blood relative in the direct line of descent.
The laws of intestacy recognize a legally adopted person as an heir at law for purposes of inheritance. For example, Vivien had three biological sons and one adopted daughter. They and their children are considered her descendants for purposes of inheritance. Their spouses are not.
My grandfather died in 1990 how can I get a copy of his last will and testament?
It should have been filed in the probate court in the county where he was last residing when he died.
Does adult child have rights to fathers estate in Canada?
An adult child is a natural beneficiary to an estate. If there is no will, and there is no spouse, they are likely to get the estate.
What happens when you do not have a will?
The jurisdiction will probably have an intestacy law. That specifies how the estate will be distributed if there is anything remaining after settling debts.
No. In order to have any authority an executor or personal representative must be appointed by a court.
No. In order to have any authority an executor or personal representative must be appointed by a court.
No. In order to have any authority an executor or personal representative must be appointed by a court.
No. In order to have any authority an executor or personal representative must be appointed by a court.
If your father didn't update his will to accommodate his new wife, she is entitled to receive a statutory share under most state laws in the United States.
The will must be filed for probate and your brother must petition the court to be appointed the executor. If no objections are made to his appointment he will be given the authority to settle the estate according to the provisions in the will, according to state probate laws and according to state laws of intestacy. He will operate under the supervision of the probate court. The family should consult with an attorney who specializes in probate law who can guide the settling of the estate.
You can check your state laws of intestacy at the related question link provided below.
The authority to borrow money must be granted in the trust document. You need to review it.
The authority to borrow money must be granted in the trust document. You need to review it.
The authority to borrow money must be granted in the trust document. You need to review it.
The authority to borrow money must be granted in the trust document. You need to review it.
Not without the permission of the executor. They are responsible for making sure the estate is maintained.
Would the executor write the cheque out from sale of the house?
The executor is responsible for the sale of the house. They have a letter of authority from the probate court. That allows them to write checks and settle the estate.
Who pays the executor of the estate?
The estate pays the executor. The fee is either approved by the court or proscribed by law.
should the executor have a key to late parents house if a brother lives in it. The will as never been settled due to a disagreement between siblings parents passed away twelve and thirteen years ago. Also should i take an inventory of items in the house which i have tried to do brother says no ' Brother living house says he's sold Doulton Figuars i need answers because i have to answer to the rest of the family. Brother pays no rent and thinks I'm not being fair to him and he turns nasty with me each time i bring the matter up. The house as to be sold one day when my brother departs from this world so therefore i have to get things in the right order, many thanks Margaret
Can a will be voided by signing a document voiding any previously signed documents?
No. Using the word "documents" will not void a previously executed last will and testament. In fact, using the word documents is an extremely indefinite reference that could cover a wide range of documents. It would likely be declared meaningless. Would it void your marriage license? mortgage? your child's birth certificate? job application? credit card account? purchase and sale agreement? contract for a new roof?
Voiding a will requires a specific written intention to do so and a statement to that effect is at the beginning of well drafted wills: I hereby revoke any and all prior wills made by me . . . .
No. Using the word "documents" will not void a previously executed last will and testament. In fact, using the word documents is an extremely indefinite reference that could cover a wide range of documents. It would likely be declared meaningless. Would it void your marriage license? mortgage? your child's birth certificate? job application? credit card account? purchase and sale agreement? contract for a new roof?
Voiding a will requires a specific written intention to do so and a statement to that effect is at the beginning of well drafted wills: I hereby revoke any and all prior wills made by me . . . .
No. Using the word "documents" will not void a previously executed last will and testament. In fact, using the word documents is an extremely indefinite reference that could cover a wide range of documents. It would likely be declared meaningless. Would it void your marriage license? mortgage? your child's birth certificate? job application? credit card account? purchase and sale agreement? contract for a new roof?
Voiding a will requires a specific written intention to do so and a statement to that effect is at the beginning of well drafted wills: I hereby revoke any and all prior wills made by me . . . .
No. Using the word "documents" will not void a previously executed last will and testament. In fact, using the word documents is an extremely indefinite reference that could cover a wide range of documents. It would likely be declared meaningless. Would it void your marriage license? mortgage? your child's birth certificate? job application? credit card account? purchase and sale agreement? contract for a new roof?
Voiding a will requires a specific written intention to do so and a statement to that effect is at the beginning of well drafted wills: I hereby revoke any and all prior wills made by me . . . .
Are you an executor to a will forever?
No, once the will has been executed and the assets distributed the task of the executor is finished
Is the executor responsible for paying all taxes on an estate?
The estate is responsible for paying all taxes. The executor is responsible for making sure that the estate does so.
Can an executor be beneficiary of a will in CT How can an executor be removed by an heir?
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
The executor of an estate has no power while the individual is still living. If they have been appointed as conservator of the person, they may move them.
You can't be executor of an estate if the individual is still living. However, the executor can make people move out of the house.
Can your executor be disinherited in your will?
There is no requirement for the executor to be a beneficiary. If it is a natural heir, it would seem to be a bad idea to make them distribute the estate and not get any of it. Or it may be that the payment for settling the estate is sufficient for them. It can be legally done, but you might want to think about it carefully.
What is the duty of the executive?
The executive office is the office of the President. that should help.
What to do if no executor for will in sc?
Apply to the court to be named. They will appoint someone to be the executor.
Is the surviving wife of her husband in the state of Kentucky entitled to half of his estate?
It will depend on what the will says. If there is no will, yes, they can normally expect to receive half the estate.
