Last Will and Testament Questions Archives - Page 6 of 16

Can I Will the Home I Own Individually to the Children from My First Marriage if My Current Husband Agrees?

August 20, 2012 by Standard Legal

For such an situation, you can use Standard Legal’s Last Will and Testament document with the “Specific Gifting Provisions” to specify exactly who receives what assets when you die.

However, as discussed in the instructions provided within the Will legal forms software, be aware that in many states a spouse can choose to “elect against the Will” if a certain percentage of the deceased spouses’ estate is not bequeathed to the surviving spouse (the percentages typically range from 30% to 50% of the estate).

Does an Executor Have a Right to Review a Will Before the Death of the Maker?

August 14, 2012 by Standard Legal

Unless the executor has possession of or access to the Will document through permission of the Donor (the person making the Will), there is no requirement that the executor be provided access or the ability to review the Last Will and Testament prior to the death of the Donor.

How is Company Stock Provided to a Beneficiary from an Estate?

August 2, 2012 by Standard Legal

In most circumstances, a Stock Assignment form or a Stock Transfer form is required to assign rights to company stock in an estate to a beneficiary of that estate.

This document could or should be prepared by the Executor of the estate — not left up to a beneficiary to create.

How Do I Get a Copy of a Person’s Last Will and Testament?

July 30, 2015July 19, 2012 by Standard Legal

A Maker of a Last Will and Testament need not provide a copy of a Will to anyone prior to death.

Further, a Will need not be presented by an Executor to any persons not listed as a beneficiary, even after the death of the Maker.

Can I Cash the Deposit Check Returned from My Grandmother’s Nursing Home as the Only Descendant of Known Whereabouts?

June 26, 2012 by Standard Legal

How you handle disposing of the one and only “asset” from a relative’s “estate” is an issue you must decide on your own.

Who Distributes Assets if an Executor is Not Named in a Last Will and Testament?

June 18, 2012 by Standard Legal

In most cases where no Executor is named in a Last Will and Testament, the Probate Court will appoint an Executor to administer the probate case.

But the person named as Executor by the Probate Court often times will be someone close to the situation.

Can I Create a Will with Standard Legal Forms That Lists Contingent Beneficiaries?

June 5, 2012 by Standard Legal

While a Last Will & Testament can certainly be created to provide a list of specific beneficiaries and an even longer list of contingent beneficiaries, Standard Legal has crafted its Wills to be simple yet thorough and specific without the use of contingencies.

But that does not mean the strategy of contingency cannot be instituted.

If a Beneficiary in a Will is Incorrectly Identified (i.e. ‘Step-Daughter-in-Law’), Is the Will Invalid?

May 23, 2012 by Standard Legal

Clear identification of the beneficiaries is the goal of the writings within a Last Will and Testament.

So unless the description of a relationship of beneficiaries to the donor makes clear identification difficult, the mis-identification of ‘relationship descriptor’ should not be fatal to the gift.

How is the Executor of a Will Replaced if the Person Named is Now Deceased?

May 14, 2012 by Standard Legal

The procedures to replace an Executor in a Last Will and Testament are dependent on state and local rules, and on the procedures that govern the particular probate court in your area.

How is the Mortgage on a Home Handled as it Relates to Distribution in a Will?

April 26, 2012 by Standard Legal

People often discuss the transfer of a home to the beneficiaries within a Last Will and Testament, but when a mortgage is still owed on that property the transfer of ownership must still address the amount owed.