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?
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. Continue reading If I Made Mortgage Payments on My Parents’ House, Does a Will Still Divide Ownership Equally Among All Siblings?
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?
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. Continue reading If I am Divorcing My Spouse, Can I Create a New Will To Exclude That Spouse?
Typically, the words ‘per stirpes’ or ‘per capita’ are used directly within the language of a well-written Last Will & Testament document. Continue reading How Do I Know if Distribution of my Family’s Will is to be Per Stirpes or Per Capita?
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?
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.
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. Continue reading How Does a Beneficiary Deed Work in Conjunction with a Last Will?
Banks do not accept a Last Will and Testament document as proof to provide access to funds in an account for obvious reasons. Continue reading Why Won’t My Deceased Father’s Bank Honor His Last Will and Provide Account Access?
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. Continue reading If a Property Was Quitclaimed Years Ago to One Child, Can a Will Give Shares to Other Children?