Answers to Frequently Asked Last Will and Testament Questions
The person chosen as Executor of a Last Will and Testament should be at least minimally qualified to take the steps necessary to gather the assets of the decedent\’s estate, pay any and all creditors who may have a claim against the estate, and distribute the remaining property of the estate per the terms of the Last Will & Testament.
That being said, a person named as a beneficiary in a Will can also serve as the executor or executrix of the estate.
In some cases where a Last Will and Testament existed prior to a re-marriage, a “debate” can ensue as to what assets belong to the new spouse and what assets belong to the children of the maker of a Will. The only way to end that debate is to identify and force the execution of the final Will.
Yes, an original Will document that is properly signed and notarized would still be legal and valid — but would probably not properly provide for the gifts that you would list to pass upon your death.
Under most state’s laws, a party is permitted to “disclaim” any interest or assets that are attempted to be passed through a Last Will & Testament. When one disclaims property that is being passed through a Will, he or she is renouncing his or her interest in that property in total.
For the most part, a Last Will & Testament would not necessarily be rendered invalid if there was no date on the document.
A quitclaim deed is the appropriate instrument to transfer property, but since the owner of the property (your parents) are deceased, the owner cannot sign the deed transferring title — a requirement of a Quitclaim Deed. You and your brothers and sisters most likely need to open a probate estate with the county court where … Read more
Some probate courts require an Executor to post a bond to ensure that the Last Will & Testament is properly administered (i.e. the property detailed in the document is disposed of per the terms of the Will). The language you cite eliminates that bond requirement, so that the person you appoint as Executor does not … Read more
Generally, there is no requirement that Will or Living Will documents must be re-drawn when a person moves from one state to another, provided that the original document meets even the basic requirements of each state\’s laws. If there is any doubt regarding the validity of your documents, we suggest you create new ones, given … Read more
Most states do not permit a spouse to “disinherit” the other spouse, by law.
Most states permit a “disinherited” spouse to “Elect Against a Will” if the deceased spouse has attempted to disinherit him or her by naming other beneficiaries to the exclusion of the spouse.
When a person has no children, often times he or she wishes to provide a home or the content of their estate to a brother or sister.
But what is the best way to handle such a designation?
Typically, there are two ways you can handle a desire to add your brother or sister’s name to the deed to your home.