When children are to be excluded from a Last Will and Testament, the situation can be handled in one of two ways:
Last Will and Testament Questions
Answers to Frequently Asked Last Will and Testament Questions
Can We Collect Rent from a Family Member Who Won’t Leave a House to be Sold per a Will?
The estate of the deceased should be directed through a Probate Court proceeding shortly after death, with the property distributed per the Probate Court according to the terms of the Will.
Must a California Will Be Notarized or Are Two Witness Signatures Sufficient?
Two witnesses signatures on a Last Will and Testament suffice to make that document legal and valid in the state of California.
Can a Will’s Executor Override the Stated Distribution?
Certainly not. The Executor of a Will has a legal, fiduciary duty to distribute the assets specifically as directed within the Last Will and Testament document. If an Executor fails to follow the Will’s instructions, a petition may be made to the Probate Court.
How is Property Not Mentioned Specifically in a Will Distributed to Beneficiaries?
Typically, a well-written Will has a ‘remainder’ clause that distributes all assets not specifically gifted to a named beneficiary. If such a remainder clause does not exist in the Will, the Probate Court will typically direct the distribution per state law.
Can Any Relative Keep an Asset Found After the Close of Probate on a Will?
No, claims to newly found assets should not be made unilaterally, even after the close of a probate case for a specific Will.
Does a Beneficary of a Will have the Right to Full Disclosure of All the Deceased’s Possessions?
It is the responsibility of the Executor to detail the inventory and distribution of all assets and expenses of an estate after the death of the Maker of the Will, and to follow the instructions for distribution of those assets as listed in the Will.
How Does a Wife Take Over a Home Willed to Her When Only the Husband’s Name Was On the Deed?
In most states, a Probate Estate would need to be opened so that the probate court could issue an order transferring title to the sole beneficiaries’ name. Most states have an expedited or summary process if the assets to be probated are limited.
If Specific Dollar Amounts Are Listed for Distribution in a Will But the Estate Has Lower Value, How are the Assets Distributed?
A close examination of the specific language of the Will, as well as the type of property being made as bequests through the Will, is required to determine distribution.
How is Money in a Joint Bank Account Treated if it is Not Mentioned in the Decedent’s Will?
In most cases, money held in a joint bank account is owned equally by the parties whose names appear on the account. Upon the death of one account holder, the surviving account holder is the sole owner of the money in the account. Such jointly held money is not typically considered a part of the … Read more