Wills

A will is allowed as long as it meets the technical requirements of the jurisdiction where it was executed.

The court's main concern is that the will was signed and witnessed properly under state law. At this point if someone files an objection to the will then what is known as a "will contest" process will begin. A person who wants to contest the will must have a legal interest in the estate and must have a valid reason for their objection. The court will hear the claimant and issue a judgment. There are many reasons a will can be challenged but just because you think it's unfair isn't a valid reason.

Once the will is allowed the executor is appointed and must distribute the estate according to the provisions of the will after creditors have been notified of the death. The debts of the decedent must be paid before distribution can be made to the beneficiaries under the will.

In some jurisdictions a spouse or child can claim an intestate share of the estate if that would give them a greater portion than the portion provided in the will. In most jurisdictions in the United States a person cannot disinherit their surviving spouse by leaving their property to others in their will.

When there is no will the property of the decedent is distributed according to the state laws of intestacy by an Administrator who also must be appointed by the probate court.

It will depend on the will and/or the laws of the state. In most cases it must be 'reasonable' given the work being done. Some courts have said that 3% is reasonable, but cautioned that it needs to be determined on a case by case basis.

An executor, if he or she has received Letters Testamentary from the court, is responsible for being the agent of the deceased. He/she gathers the assets, pays the debts, & distributes whatever is left over.

If a person has died and you can not physically find a will after searching their house, you should contact the person's legal adviser to see if the document was lodged there.

In most countries, once a will has gone through probate, it becomes a public document. You should be able to find the will at the public records office where the person lived.

If someone dies without a valid will (dies intestate) then most countries have a procedure that must be followed to deal with disposal of the person's estate.

See related question links for how to find a lost will and for determining who inherits when there is no will.

If boyfriend and girlfriend both paid for property and are both the legal owners then the girlfriend would own the property. If not then the property will go to boyfriends next of kin (closest living blood relative).

Testator.

Anyone can be appointed as executor. And anyone can be named a beneficiary. It is often done to take care of friends.

If you are named on the deceased will, it can take (from date of death to receiving your money),between 3 and 12 months. Probate happens in these steps Gather all information on bank accounts and assets (house, car) Set up a bank account in either the deceased name or estate executor's name Send letters and non photo copied copies of the death certificate to each company explaining who has died and where you want the monies transferring to (Some companies holding large amounts of money will want a certificate of Probate before they release) Fill in the HMCS probate form with approximate amounts of each asset and account An interview will be arrange where executors swear an oath, then you will have Probate. Send Probate certificate to each company that requires a certificate Money will be payed into the new bank account and then the executor is by law responsible for dealing out money to either any debts or whom ever is named on the will. From interview to having money in your account takes no more then 2 weeks

As with nearly anything owned by the estate of a deceased person, the answer will depend upon whether there was a valid will, or upon the laws of intestacy where the property is located.

For example, if there is no will, and no surviving parents, the children (or their heirs) might inherit all of the property in equal shares, if that is what the state laws of intestacy say.

An executor has to have the will in order to be able to execute it, and if you don't give the executor a copy of your will while you are still alive, you certainly are not going to be able to give him a copy after you are dead, at least, not unless you have a preliminary executor whose function is to give the will to the actual executor - which is really a needless complication.

If the nephew of whom you speak is the son of the aunt of whom you speak the he is a default heir to her estate unless disinherited by her will. If the nephew is the son of the aunt's sister or brother, she can leave any part of her estate to him, just as she can to anyone else. If the nephew is the aunt's last surviving relative, he may be the default heir, even if he is not her son.

No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.

No Not unles the person writing the will gives them permission.

Yes. If the property was transferred to a trust during the life of the testator it cannot be part of their estate after their death. Therefore, even if that property is mentioned in the Will, it is already gone from the estate and is now part of the trust property.

No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.

No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.

No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.

No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.

I think you are looking for "primogeniture."

All of your assets. Your home or other land you might own, money, bonds, possessions, anything that is to be disposed of or distrubuted after your death.

If the property is owned by a valid trust it is not part of the decedent's estate. The purpose of the trust was to protect and preserve the property for the children. The second wife has no rights in the property.

Yes, if the executor approves. It needs to be beneficial to the estate to do so and at a market price.

Your question is troublesome.

An executor must be appointed by the probate court. The executor has the duty, power and authority to settle the estate under the supervision of that court. If you are the duly appointed executor it is YOUR responsibility to pay any estate taxes that are due. In fact, the debts of the decedent must be paid before any assets are distributed to the heirs. Therefore, the heir you speak of shouldn't have access to estate assets until the estate taxes and creditors have been paid. As executor you can be held personally responsible for any debts of the decedent that are not properly paid.

You should consult with an attorney who specializes in probate law.

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise.

There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.

Almost all 50 states have the same laws. However, the time periods and challenge processes may vary.

The probate court will assign a 'temporary' executor who is an officer of the court to ensure that no assets are 'gone missing' during the assignment phase.

Then the probate court will designate a 'permanant' executor based on the typical family pass-on structure that already exists in all states. Order being, 1) Spouse, 2) Children in order of oldest male child (over 18) down, then oldest female child (over 18) down. 3) Parents (If both husband and wife die simultaneously, then the husbands parents first, wives parents second). Then it progresses to Grandchildren (oldest first), Grandparents (husbands first), then it starts getting into nephews/neices, then uncles/aunts.

If an executor isn't named in the will, the probate court MUST appoint according to these rules, but that doesn't stop anyone else with a family interest in the estate from contesting it. Say, the oldest surviving son is in jail for financial or insurance fraud. Obviously someone can petition to not have him assigned executor. It's best to always have an executor unless the normal 'chain of inheritance' works for you.