Answers to Frequently Asked Last Will and Testament Questions
Creditors will attempt to attach and seize any and all assets that are listed in a debtor’s name to satisfy that debt.
But generally, proceeds of an estate that are to be distributed after the death of the maker through a Will are not subject to creditors\’ claims until such time the money is received by the beneficiary.
No, such a restriction cannot be accomplished through a standard Last Will and Testament. But there may be a somewhat complex solution if such a requirement is truly desired.
An existing Last Will and Testament is valid until the maker creates a new one. If you wish to change the listed beneficiaries in your Last Will and Testament because of a Divorce, simply create a brand new Will document then have it notarized. To easily and affordably create a new Will document without the … Read more
Absolutely. One commonly used phrase in a Will (that may have unintended consequences over time) is: “If one of my children predecease me, then their share goes to his or her siblings equally.”
A Last Will & Testament becomes effective only upon the death of the person making that Will. A person who has made a Will has the right to change it anytime prior to his or her death, assuming that the person has sufficient mental capacity to make a new Will.
As such, a Will cannot be “opened” or administered prior to a person\’s death in order to determine whether that person\’s wishes are being respected.
Standard Legal’s Last Will & Testament legal forms software is valid and appropriate for those persons who plan to transfer assets to beneficiaries within the United States and/or have their probate case administered within the United States.
What if your spouse is not forthright in disclosing the contents of his or her Last Will and Testament? Can one spouse create a Will that “leaves out” the marital partner?
Sometimes a family must make financial decisions on behalf of a person in the last years of life. This can mean the sale of assets that might have been disbursed to a specific person as a part of a Last Will and Testament.
So the question that arises: can a specifically-named beneficiary in a Last Will & Testament request the disbursement of assets from an estate prior to the death of the Maker, in an effort to keep that asset from being sold off prior to death?
Many notaries employ the use of a seal or stamp to make the notarized document appear more ‘legal’. But the document is no more or less “legitimate” if a seal is placed on the document or not.
Wills are not “filed” with a court — they are signed, attested then distributed to the Will’s executor, family members, and other trusted advisors and persons. If a person you know has become incapacitated or died and you are attempting to locate a valid copy of his or her Will, the best idea is to … Read more