Answers to Frequently Asked Last Will and Testament Questions
No. Only the Maker of a Last Will and Testament can sign the Will document. No person can be authorized via Power of Attorney to create and sign a Will on behalf of the Grantor of the POA.
In most cases, state law dictates what fees (if any) can be charged by an Executor of a Last Will and Testament.
Typically, if no Last Will and Testament exists to distribute specific assets to specific beneficiaries, the spouse of the deceased retains all marital assets — even if that spouse is a second marriage (or more).
Upon the death of the Maker, the assets of a Will or Trust become the property of the named beneficiaries.
While it is wise for the Maker of a new Last Will and Testament to distribute copies to all of the potential beneficiaries of that new document, there is no legal obligation to do so.
Absent an agreement amongst all of the owners, a “majority vote” cannot compel the sale of a person’s ownership interest in a property against his or her will.
But there is another option available to move the process forward for all parties.
Properly signed and notarized Quitclaim Deeds are generally unaffected by death.
Typically, specifically-listed gifts and assets from a Last Will and Testament are disbursed first.
Once those assets are provided to the named beneficiaries, only then does the general division of all remaining assets begins.
But that assumes very clear instructions are provided within the Will document.
Bank account owned jointly “with rights of survivorship” are not subject to the probate process when one of the owners dies.
Upon the death of one owner, the other account owner simply continues to own and have complete access to the money in the account.
But there are several drawbacks to setting up and using this type of bank account:
A Will is effective immediately upon the death of the Grantor, and must be executed as written at that time.
The Grantor cannot control any property “from beyond the grave.”