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Wills

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

740 Questions

What happens if you die without a will in Ohio?

A person who dies without a will is said to be intestate. Each state has specific laws about how property is divided when the deceased is intestate.

Does an executor have the final say in all that happen?

They are pretty much in charge of the estate. Only the court can over ride the executor.

Your sister has been incapacited since 2008 and you have power of attorney. Where would her Will be filed?

The only places you could check would be at her attorney's office or at the local probate court. Some courts allow persons to file a Will for safekeeping until their death at which time the Will can be retrieved and submitted for probate.

Otherwise you need to start searching. See the related question link for more information about where to search.

Can your spouse witness your will if he isn't a beneficiary?

The witnesses should not be related to you, and should not be beneficiaries. Your spouse has a statutory right to inherit from your estate whether or not he is mentioned in your will. You should pick objective witnesses instead of a spouse or other relative.

What if you are to receive something from a will how long is the process?

In the United Kingdom this process can take six months or more. An estate of a deceased person can not be divided up for at least the first six months after a death, this is to ensure that any person or company who may have been owed funds from the deceased persons estate has time to claim them. So really the earliest you can ever expect an inheritance in the United Kingdom is after six months, even then it will depend on how quick those looking after the estate act.

Are wills subject to liens?

no, a will cannot be subject to a lien, however, the lien holder can go after the estate once the will has been executed.

Do you have to be a resident of the state of NC to be executor of an estate of a parent?

There are no residency requirements for being executor. The beneficiaries do have to be citizens of the US.

How do you put your wife name on the house title?

You should contact an attorney who can review your needs and draft a proper deed.

You should contact an attorney who can review your needs and draft a proper deed.

You should contact an attorney who can review your needs and draft a proper deed.

You should contact an attorney who can review your needs and draft a proper deed.

Can a probated estate be reopened?

If you find an additional asset of the decedent's, you can petition the court to re-open an estate.

When will I receive a notification of an inheritance?

In the UK it will depend on who is handling the dead persons estate. So the time of notification might vary, however if a will is present at the time of death, people usually know if they are going to benefit. However nothing can be paid out from a will before six months has elapsed after the death of a person. This is to allow time for creditors to make a claim against the estate. After bills are paid, sometimes there is nothing left to be paid out. Best to check with the executors (those in charge of handling an estate, named in a will) or next of kin of the deceased person, though early enquiries might not be to welcome.

Buod na tatsulok na daigdig?

Ang tatsulok na daigdig ay isang konsepto sa heograpiya na nagsasaad ng tatlong pangunahing sektor ng ekonomiya: agrikultura, industriya, at serbisyo. Ito ay sumasalamin sa interaksyon ng mga sektor na ito sa global na ekonomiya at kung paano sila nakikipag-ugnayan sa isa't isa. Sa pamamagitan ng pag-aaral ng tatsulok na daigdig, maipapakita kung paano nagbabago at lumalago ang ekonomiya ng iba't ibang bansa at rehiyon sa mundo.

What happens to a will if there is insufficient money to meet a bequest?

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

When a decedent dies without a will or spouse or children is their godchild entitled to inherit from their estate?

That type of situation is regulated by the laws of intestacy. Generally, when a person with no spouse or children dies, their parents, then siblings are their heirs at law. A god child would not inherit unless they were a blood relative who is entitled to inherit under state laws. You can check the laws in your state at the related question link.

That type of situation is regulated by the laws of intestacy. Generally, when a person with no spouse or children dies, their parents, then siblings are their heirs at law. A god child would not inherit unless they were a blood relative who is entitled to inherit under state laws. You can check the laws in your state at the related question link.

That type of situation is regulated by the laws of intestacy. Generally, when a person with no spouse or children dies, their parents, then siblings are their heirs at law. A god child would not inherit unless they were a blood relative who is entitled to inherit under state laws. You can check the laws in your state at the related question link.

That type of situation is regulated by the laws of intestacy. Generally, when a person with no spouse or children dies, their parents, then siblings are their heirs at law. A god child would not inherit unless they were a blood relative who is entitled to inherit under state laws. You can check the laws in your state at the related question link.

Can a court remove an heir from a will?

There are ways of voiding someone's inheritance. If there was a crime, it is possible that the person might not be allowed to inherit. Undue influence would be another possibility.

What is the opposite of per stirpes?

Per capita is generally held to be the opposite of per stirpes. Both are terms most commonly used in reference to the division of an estate. Per stirpes is more commonly used in estate planning since the share of a deceased beneficiary would pass to their issue, if any.

Per capita means "by the head count"; in a per capita distribution each living heir in the group receives an equal share in the estate. For example, if parent left an estate to three children per capita and each survived, each would receive one-third. If one of the three was deceased at the time of death of the testator the remaining two would each take one-half. In a per capita distribution a share isn't created for a deceased member.

Per stirpes means "by branch". In a per stirpesdistribution the three children above would each take one-third. Now suppose again that one had predeceased the testator. If that child had children, those children would take the deceased parent's one third share equally. In a per stirpes distribution a share is created for a deceased member if they have issue (children).

Can a grown child live in mother house after she died before will goes to probate?

There are a number of ways for this to occur without a problem. They could be working on behalf of the executor to preserve the property. Or they could be paying rent to the estate.

Is an executor accountable for money spent BEFORE death?

They have no control over things that happened before death. They may be able to bring some of it back into the estate.

What do you need to take with you to open an executors account?

The single most important thing is the letter of authority from the court. And the tax ID of the estate will also be necessary.

Can executor appoint a representative?

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate.



If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate.



If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate.



If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.

Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate.



If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.

My uncle died without a will leaving a half sister. Who inherits his estate under English Law?

Your uncle's estate would pass to his siblings if he had no living spouse or children or parents and he died intestate (without a will).

If he had any siblings who are already deceased, their children would take the share of their parent. If there are no other siblings involved beside your aunt and your parent it seems that you and your aunt would share the estate. However, you should check with an attorney who specializes in probate law.

You can see a Chart of Intestate Succession in the UK at the related link.