Typically, the creation of a new Last Will and Testament causes any prior existing Will(s) to be rendered null and void.

But if the new Will was not provided to the Probate Court to settle the estate immediately after the passing of the maker, there are options. [ Read More… → ]

Each county in every USA state typically has its own Probate Court, and typically that court has an application to initiate a Probate Court proceeding.

But each court can call this application or form something slightly different.

Simply call the Probate Court in your local county and ask the Clerk for the form to initiate a probate proceeding. The clerk should be able to provide the form to you, or point you to a website where you can download it.

The first fact to understand in such a circumstance is that a person cannot create a Will that distributes property they have already sold. [ Read More… → ]

The Will language itself should provide the instruction on how and to whom the assets should be distributed. [ Read More… → ]

A Last Will & Testament may contain language that forgives indebtedness owed to the decedent by a third party, even if the indebtedness is confirmed through a written Promissory Note.

But if the holder of the Promissory Note is not a beneficiary of the assets of the estate, another solution is used. [ Read More… → ]

Such a question would be decided upon solely by the judge overseeing the Probate Court case. [ Read More… → ]

The Probate Court will review each Last Will and Testament document presented before it, and make the determination as to which Will is valid and in force. [ Read More… → ]

A Last Will and Testament does not need to be sealed, nor remain sealed, to be legal and valid.

If property is not properly transferred to a Living Trust (known as “funding” the trust), then the property must be administrated by a probate court in order to be property distributed to the heirs. [ Read More… → ]

Only property that is wholly owned by the decedent at the time of his or her death will be handled by a probate proceeding, regardless of any provision in a Will. [ Read More… → ]

Typically, a Last Will and Testament cannot be used to control the future use of an asset (including cash) once it has been distributed.

Usually, a Will can only designate the amount (or percentage) of the estate and name the beneficiary or beneficiaries. [ Read More… → ]

The Executor of the Will is responsible for following all of the mandates specifically outlined in said Will as to the distribution of an estate.

But if a Last Will and Testament lacks clarity, the decision is not up to the Executor of the Will to interpret those unclear directives nor to make changes to the stated distribution. [ Read More… → ]

The distribution of property pursuant to a Last Will and Testament is done through the probate process, by filing a probate action in the appropriate local probate court.

The probate court’s rules will dictate the means, method and duration of contacting potential beneficiaries. [ Read More… → ]

A probate court action could be filed to compel the life estate holder to maintain the property and prevent spoilage.

But there is no guarantee the court would agree with the motion nor compel any action. [ Read More… → ]

Any Last Will and Testament that is in possession of the Executor or Executrix can be submitted to the probate court for administration upon the death of the Maker.  How that Will will be treated by the Probate Court depends upon a number of issues. [ Read More… → ]

In most cases, a letter of administration (or a similarly named document) will be issued by the probate court that is administering the estate of the deceased.

That document will provide the authority to the Executor to conduct business on behalf of the estate, and would be accepted by most banks and other property and financial service providers.

Thus, a probate case must be initiated to obtain such a letter. [ Read More… → ]

In most cases the Executor of a Last Will and Testament is required to provide a report to the probate court regarding the administration of the estate.

If an asset listed in the Will cannot be located, that asset would be included within this report. [ Read More… → ]

Beneficiaries (and any other persons specifically named in a Last Will and Testament) SHOULD NOT act as the witnesses to the maker’s signature on that Will, to eliminate any possible conflicts of interest. [ Read More… → ]

In nearly every USA state, a person’s Last Will and Testament must be signed by the person making the Will (the Testator) and by at least two other persons who are acting as witnesses. [ Read More… → ]

Theoretically yes, one could use estate planning documents to designate child custody to someone besides a biological parent.

But the other parent certainly could contest guardianship after the death of the Will/Trust-creating parent, even if sole custody was granted in a divorce — regardless of the stated instructions in those documents. [ Read More… → ]