answersLogoWhite

0

Wills

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

740 Questions

Does a quit claim deed override a will if the quit claim deed was sign before the will?

Yes. If a testator makes a will devising real property to a beneficiary but then transfers that property by deed while still living, the property is not part of their estate when they die and the gift in the will has no effect.

How much does a letter of testamentary cost?

How much does a letter of testamentary cost in bronx ny, or new york state.

Can executor spend from estate to make home improvements?

It is certainly a possibility. If the executor responsibly believes that the value of the home will be greatly enhanced to the benefit of the estate, they could do so. It would increase the value of the estate and allow more debts to be paid and get more money for the heirs.

If there is a Last Will is it filed with the State and can you get a copy?

If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.

If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.

If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.

If a person dies owning property their Will must be filed in the probate court in order for the estate to be settled. Once a Will is filed it becomes a public record and you can obtain a copy by visiting or contacting the court.

How can you see a will in safekeeping?

Only if the testator allows you to. It is a private document that isn't anyone else's business until they die.

How is a decedents credit union account probated?

Every financial institution has its own (and the states) rules and regulations regarding this. You will have to address your concerns to the credit union to learn what they require.

How do you get access to your will?

Your will is your personal property during your lifetime.

If your will is kept by your lawyer, contact your lawyer's office. If someone else has your will, require that person to return your will to you forthwith. If such a person refuses to return your will to you, consult a lawyer.

It would probably be cheaper and faster to have a new will prepared than to engage in expensive litigation over your existing one.

In most cases, a new will states that all former wills are revoked.

When should you write your will?

Very good question. I would do it when you're older and retired, because: 1. You will own more valuable things, unlike that of a kid (if you wrote your will as a kid you'd write this: ...and my x-box goes to my brother and my transformer toys go to my sister and my barbies go to my friend...) 2. You'll have more time on your hands. 3. You'll have more money. So, don't wait until the last 10 minutes of your life, but don't do it when you're like, six or something!

Can property be sold by one individual if he is not appointed as executor or administrator of property?

He has no right in the property. He has no legal ability to convey title. Only the executor has that right.

Can you put a will in probate after some of the money has been given to the people in the will?

Yes, the will can still go into probate. The distribution should be recorded in the books of the estate.

What does 'more remote issue' mean in a will?

It means further generations in the line. In many cases this refers to grandchildren or great grandchildren.

Does the executor of a will have rights to distribute the estate before the mom dies?

They certainly do not have the rights. The executor has no power while the testator is still living.

How many witnesses to you need for a Will in Illinois?

Generally you need two disinterested adults.

http://www.alllaw.com/articles/nolo/wills-trusts/witness-requirement-execute.html

Is there a free will form online?

You can perform an internet search for will forms for your state. Each state has its own rules for the drafting of a valid will. However, a will is an important document and should be drafted by an attorney who specializes in probate law.

Errors made in a will make it vulnerable to challenges and in some cases, it will not be allowed by the probate court after the testator has died. In that case the property will pass to heirs-at-law according to the state laws of intestacy as if there was no will.

What is the legal action against a executor who can't provide answer for missing funds from a estate?

The most common charge would be fraud. Another is breach of fiduciary duties. The court can request a full accounting from the executor.

How would an executor of a will decide on how to distribute items that belonged to the deceased?

The first authority would be the will and what it said. The second authority would be the intestacy laws of the state.

Can a executor sell the home in the will if it is split with another family member?

The executor of the will has the ability to sell property of the estate. They may have to in order to pay off the debts of the deceased. The value of the property after the debts are cleared would be split between the family members.

Can the executor sell family home for less money?

The executor has the right to sell the property. The amount must be a fair market value.

Who can withdraw monies from a bank account if someone has been made executor?

Anyone whose name is on the bank account can access it. The executor can access on behalf of the estate. They will have to show their letter of authority.

Should the executor provide all estate business to all sibling heirs during probate in order for each to make informed decisions about the estate and sale of deceased parent's home?

No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.

Do all persons named as inheriting items listed in a will have to approve the person named as executor of the will?

No, only the court needs to approve the appointment.

No, only the court needs to approve the appointment.

No, only the court needs to approve the appointment.

No, only the court needs to approve the appointment.

Can a child be left out of a will in Louisiana?

Yes, you can leave a child out of the will if you so wish. It cannot be done 'accidentally' the court will fill their name in, but if it is clearly intentional, they can be left out.