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.
Last Will and Testament Questions
Answers to Frequently Asked Last Will and Testament Questions
Is a Will That Lists My Ex-Spouse Still Valid?
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.
How Do I Remove Myself as a Listed Beneficiary from a Person’s Will?
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.
Is a Signed and Witnessed Last Will and Testament Still Valid if the Document is not Dated?
For the most part, a Last Will & Testament would not necessarily be rendered invalid if there was no date on the document.
If My Parents Die Without a Will, Can My Siblings and I Use a Quitclaim to Give the House to One?
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
What Does “No Bond Required of My Executor” Mean in my Will?
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
If I Move to a New State, Must I Create a New Will and Living Will?
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
Can My Will Bypass My Spouse and Leave All Assets to My Children?
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.
How Can I Make Sure My Only Sibling Gets My House When I Die?
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.
Does a Completed Trust or Will Need to be Registered with the County?
The answer to this question depends on which state and county the Donor (the person making the Trust) or the Maker (the person creating a Will) resides.
In the vast majority of states, a Living Trust and/or a Last Will and Testament do NOT need to be registered or filed while the Donor or Maker is alive.