CATEGORY: Last Will and Testament Questions

Answers to Frequently Asked 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. Continue reading If an Executor Does Not Follow a Will, What Can a Beneficiary Do and for How Long?

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

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