Probate is the court that oversees the distribution of estates. When a Last Will and Testament are submitted to Probate, the judge reviews the Will, authorizes its validity, approves or disapproves its content, and oversees its execution as indicated in the content.
Last Will and Testament Questions
Answers to Frequently Asked Last Will and Testament Questions
Does an Only Sibling Have a Right to See the Content of Her Brother’s Will?
Such a question requires a second question prior to answer: is the brother alive or deceased?
What is a Residuary Clause in a Last Will and Testament?
A ‘residuary clause’ in a Last Will & Testament concerns that portion of the testator’s estate that is not specifically granted or bequeathed to someone in the other portions of the Last Will & Testament.
Do I Amend or Create New Documents to Significantly Change a Will or a Trust?
If the changes to a Last Will and Testament or a Living Trust are significant, a person can create new documents to take the place of the existing documents. But a Will and Trust must be handled differently.
Should a Last Will and Testament’s Codicil Be Made Public Record?
If the Last Will & Testament document itself is made public record by the Probate Court, the codicil should also be made public as well, in typical circumstances.
That being stated, there may be state or local rules of the court that prevent certain documents from being made public.
Can I Create a Will That Leaves My Estate to My Children and Grandchildren, But Not the Spouse of My Child?
It is not possible to create a stipulation within a Last Will and Testament that prevents access to the distributed assets of an estate by your heir’s spouse. But there are other options.
In a Last Will and Testament, What is the Difference Between Per Stirpes and Per Capita?
Within a Last Will and Testament, the difference between “per stipes” and “per capita” is how the estate’s distribution is handled should one of the named beneficiaries die. So knowledge of the definition of each is critical to create a Will that matches the testator’s intent.
If I Live in a USA Territory, Can I Still Create a Valid Last Will and Testament?
So long as you are willing to be bound by the laws of the United States and you follow the instructions provided within Standard Legal’s Last Will and Testament legal forms software package, you can certainly create a valid Will while living in a U.S. Territory.
Can I Find Out if I’m a Beneficiary in the Will of a Recently Deceased Person if I’m Not a Family Member?
Sometimes people who are not family members believe they might be listed as a beneficiary in a Will: friends, acquaintances, even the occasional ‘on the side love interest’ of the deceased may have been given some indication that they would receive assets from an estate after a person’s death.
But can a person find out such information without alerting the direct family members to such an inquiry?
The short answer: it will be almost impossible to make such an inquiry anonymously.
Can a Will’s Distribution Be Made to a Person in Jail?
The Executor of a Will is charged with distributing the assets listed within the Will per its terms and per state law. The fact that one of the beneficiaries of the Will is in jail would not prevent such a distribution. The Executor would contact the beneficiary requesting instructions for distribution. Complete information on creating … Read more