Answers to Frequently Asked Last Will and Testament Questions
A Last Will & Testament can become a public record in some cases — but only if or when it is submitted to a Probate Court upon the death of the person making the Will.
Until that time, a Will is NOT public record — it is private. And even after it is filed for Probate, some states have significant restrictions on access to these documents as public records.
Once a Will is pending in probate court, there are procedures in place that allow recipients to petition the probate court to review the conduct of the executor appointed to oversee the handling of the estate.
The common perception is correct that, in most common cases, assets transfer first to the surviving spouse and then in equal percentage to the children if no spouse is surviving.
But there are a number of benefits to creating a Will, especially given the low cost and ease to do so.
Precedence between a Deed and a Will depends upon how title to the property is held at the time of the death. But in general, ownership is dictated by a properly filed and recorded deed.
A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.
Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).
While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions
If you are making a Last Will and Testament document for yourself or a close family member and know exactly what assets are to be disbursed to whom upon death, then completing the Will form should be a very short process — usually 15-30 minutes.
Generally, a Last Will and Testament outlines the distribution of a person’s assets upon his or her death, while a Living Will defines the type of health care a person wishes to receive if incapacitated and unable to make such decisions directly.
In most instances, the person who is creating either one of these documents should
Neither. Once someone has died, property cannot be
An original Will document, once executed and notarized, should be placed in a secure, fire proof location that
Standard Legal suggests that all Will documents be notarized to legally validate the authenticity of the same. It is recommended