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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
Does a will need to be written by an attorney to be legitimate?
No but it does need to meet the legal requirements for a valid Will in the jurisdiction where it was executed.
Who is at fault if bank gives money to executor instead of beneficiary?
No one is at fault as the bank followed the law. The Executor is the person who should get the money. They are responsible to collect and value the estate and its holdings. Once inventoried and debts cleared, they can distribute the remaining assets to the beneficiaries.
A postscript to a will is called a codicil. A codicil amends, rather than replaces, and existing will. Each codicil must conform to the same legal requirements as the original will, such as the signatures of the testator and, typically, two or three disinterested witnesses.
If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.
You should discuss the situation with the attorney who is handling the estate.
If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.
You should discuss the situation with the attorney who is handling the estate.
If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.
You should discuss the situation with the attorney who is handling the estate.
If your father executed a survivorship deed prior to death, and it was properly recorded in the land records, the property does not become a part of his estate. As the survivor on the deed, his interest passed automatically to you. You are the new owner and you are responsible for the property taxes.
You should discuss the situation with the attorney who is handling the estate.
How do you fill out Form 8379 Injured Spouse Allocation?
You file Form 8379 to keep your share of your Married Filing Jointly refund from being applied (offset) to your spouse's legally enforceable past-due debt.
Part I (Should you file this form?) asks 9 yes/no questions to determine if you are indeed an injured spouse and to direct the IRS in determining your accurate share of the joint refund. You're an injured spouse if you answer Part I as follows. Question 2: yes, you're filing a joint return. Question 3: yes, the IRS is using your joint refund to pay any of the listed past-due debts. Question 4: no, you're not legally obligated to pay these past-due debts.
Question 5: if you're a resident of a community property state, check yes and then go directly to Part II. If not, check no and go to Question 6. Question 6: if you had income tax withheld or made estimated tax payments, check yes and go to Part II. If not, check no and go to Question 7.
Question 7: if you had earned income (wages/salaries/self-employment), check yes and go to Question 8. If not, check no and go to Question 9. Question 8: if you claim earned income and/or additional child tax credits, check yes and go to Part II. If not, check no and go to Question 9.
Question 9: if you claim a refundable tax credit (health coverage, prior year minimum tax, etc.), check yes and go to Part II. If not, check no, and don't file this form; you're not considered an injured spouse.
Part II is Information about the Joint Tax Return for which this Form is Filed. On the 2 lines for Line 10, enter you and your spouse's first name/initial/last name as shown on your tax return. Also enter your social security numbers. Enter on the first line of Line 10 the name and social security number of the spouse listed first on your joint tax return. On the line with your name, check the box for Injured Spouse.
Only check the box on Line 11 if you're divorced or legally separated from your spouse and want your refund issued in your name.
Only check the box on Line 12 if you want your refund mailed to a different address from the one on your joint return. If Yes, then give the address on the line provided.
Part III is Allocation between Spouses of Items on the Joint Tax Return. For lines 13 through 20 you're filling in 3 columns for each line. Column A is Amount shown on joint return. Column B is Allocated to Injured spouse. Column C is Allocated to other spouse. For example, for line 19Federal income tax withheld, enter the amount that's listed on your joint return. In Column B, enter only the amount that was withheld from your income sources. In Column C, enter only the amount that was withheld from your spouse's income.
Part IV Signature is only filled out by you if you're filing Form 8379 separately from your tax return. The IRS figures the amount of the refund due to the injured spouse based on the information provided on Form 8379.
You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.
You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.
You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.
You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.
Is federal law a primary law for governing Wills in the United states?
No. State laws govern Wills in the United States.
Will a POA become the executor if none is named in a will?
They could petition to be appointed executor. The court will determine who should be appointed.
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.
What if your name is on the deed but no will?
If your name is on the deed then you own the property as long as the deed is valid and properly recorded in the land records.
Can an executor of a will charge rent utilities and sewerage and taxes?
Yes, the executor can charge some living on the estate property rent and utilities. They are responsible for the assets, which includes the property and any income it can generate. The assets will then be used to settle debts and be distributed according to the 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.
Can the executor of the estate make you move from where you lived for 12 years with your mother?
If the residence has become part of the estate the executor may request that you leave but they must follow local laws and give you notice and ample time to move since it has been your legal residence. You can try to negotiate some agreement to continue by paying rent, especially if there are other heirs.
If the residence has become part of the estate the executor may request that you leave but they must follow local laws and give you notice and ample time to move since it has been your legal residence. You can try to negotiate some agreement to continue by paying rent, especially if there are other heirs.
If the residence has become part of the estate the executor may request that you leave but they must follow local laws and give you notice and ample time to move since it has been your legal residence. You can try to negotiate some agreement to continue by paying rent, especially if there are other heirs.
If the residence has become part of the estate the executor may request that you leave but they must follow local laws and give you notice and ample time to move since it has been your legal residence. You can try to negotiate some agreement to continue by paying rent, especially if there are other heirs.
Can a convicted felon contest their father's Will in court?
Yes. However, they must convince the court that there exists a material defect in the will such as undue influence or legal incapacity. Being unhappy about the distribution of the estate is not a valid reason to contest the Will. A parent has the right to distribute their property as they see fit or to disinherit a child as long as the Will has been properly drafted. They can file an objection to the Will in the court where the petition for probate was filed. The objection must be made in a timely manner and the date by which it must be filed will be stated in the notice from the court once the Will has been filed for allowance.
If the person thinks they have a valid claim they should consult with an attorney who specializes in probate law who can review the Will and explain the options. Or, they can simply file an objection within the time allowed and then explain the objection to the judge.
What should you do if executor of mother's will wants to buy siblings out but not at fair price?
Do not sell to them. They can also apply to the court to have a neutral executor appointed. All valuation should be at a fair market price.
Where can one find a last will and testament form?
For U.S. Citizens there are several websites that offer last will and testament forms. Some examples are US Legal Forms, All Law and Legal Contracts. Normally it is not enough to just fill out the form alone, it should be signed and checked properly by a lawyer at a registered law firm. A solid, trustworthy law firm should also have copies of the will, for reasons of security. If there is only one copy, then sadly it can be destroyed by relatives who wish to go against the last wishes of the deceased. Having multiple copies, and copies with a trustworthy law firm stored in their business records is the safest. To make an appointment with a lawyer right away would be best.
Can a executor remove property to a different state that was willed to other beneficiaries?
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
No executor do heirs have the right to appoint one?
The heirs have the ability to nominate an executor. If the court agrees, they will issue the letter of authority.
Can any Will be contested in the state of California?
Any Will can be contested but to prevail you must prove there are technical errors in the Will that cause it to be invalid under state law. You won't prevail simply because you don't likethe provisions.
Can the next of kin claim the estate of a person who is in a coma?
No, they have no right to the estate as long as the person is living. Those assets may be needed for medical costs.
Income of a living trust is taxable to the trustees, if that's what you mean.
That is what Notaries DO. They witness and substantiate the signatures on the document as being valid.
However, the simple act of notarization does NOT make a document a "legal" document.
In the case of a will - the Notary's only function (IF notarization of a will was even required by state laws) would be to ensure that the signature of the testator was genuine. The purpose of witnesses to a the signing of a will is if the signature of the testator happened to be challenged at probate, the witnesses could be called upon to verify that the signature actually was the decedents.
Can executor pay for hose clean up or repair?
The executor must maintain and protect the estate. That would include necessary repairs and cleaning.
