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Last Will and Testament Questions

If an Executor Does Not Follow a Will, What Can a Beneficiary Do and for How Long?

Beneficiaries who are named in a Last Will and Testament may bring an action against the Executor of the Will if the Executor engaged in conduct contrary to the provisions of the Will.

How long the Beneficiary has to bring such an action depends upon the laws of the state where the Will is being executed. [ Read More... →]

Last Will and Testament Questions  ·  August 29th, 2014

If I Made Mortgage Payments on My Parents’ House, Does a Will Still Divide Ownership Equally Among All Siblings?

Providing mortgage payments on a property is not the same as revising the Deed for a property, and it is a Deed that designates ownership. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  July 31st, 2014

Can the Executor of a Will with Power of Attorney Distribute Assets Before the Death of the Maker?

A Last Will and Testament does not transfer property or assets until after the death of the maker of that Will.

But a person who is named Attorney-in-Fact by a Power of Attorney document can manage the assets of a Principal, so long as ‘best interest’ is applied. [ Read More... →]

Last Will and Testament Questions  ·  July 16th, 2014

If I am Divorcing My Spouse, Can I Create a New Will To Exclude That Spouse?

Many states have laws that prevent one spouse from disinheriting another spouse within a Last Will and Testament. As such, it may be wise to wait until the Divorce proceedings are finalized to create a new Last Will and Testament. [ Read More... →]

Divorce Questions · Last Will and Testament Questions  ·  July 15th, 2014

How Do I Know if Distribution of my Family’s Will is to be Per Stirpes or Per Capita?

Typically, the words ‘per stirpes’ or ‘per capita’ are used directly within the language of a well-written Last Will & Testament document. [ Read More... →]

Last Will and Testament Questions  ·  June 23rd, 2014

How is a Joint Will with an Ex-Spouse and Children Handled if Other Ex-Spouses and Children Exist?

In most states, upon Divorce the law treats a former spouse as if he or she died before the Testator, i.e. the person making the Will.

But typically the remainder of the Will continues to be effective.

So generally, a former spouse of a Joint Will is treated as deceased and the children named in the Will remain as beneficiaries.

But not always. [ Read More... →]

Divorce Questions · Last Will and Testament Questions  ·  May 22nd, 2014

If a Married Couple Has Individual Wills, Does the Will of the First Spouse to Pass Go to Probate?

Yes, for a married couple with individual Last Will and Testament documents, the Will of the first spouse to pass must be Probated.

Once Probate is completed on that spouse’s Will, only the remaining Will document would still be in force.

Last Will and Testament Questions  ·  May 14th, 2014

How Does a Beneficiary Deed Work in Conjunction with a Last Will?

A Beneficiary Deed is a transfer-on-death instrument. That means when this form of Deed is used in conjunction with a Last Will and Testament, probate is avoided. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  April 28th, 2014

Why Won’t My Deceased Father’s Bank Honor His Last Will and Provide Account Access?

Banks do not accept a Last Will and Testament document as proof to provide access to funds in an account for obvious reasons. [ Read More... →]

Last Will and Testament Questions  ·  April 15th, 2014

If a Property Was Quitclaimed Years Ago to One Child, Can a Will Give Shares to Other Children?

If a real estate property has been properly assigned via Quitclaim Deed to any other person, that property is no longer an asset of the person who gave it away. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  April 1st, 2014