An existing Last Will and Testament is valid until the maker creates a new one.

If you wish to change the listed beneficiaries in your Last Will and Testament because of a Divorce, simply create a brand new Will document then have it notarized.

To easily and affordably create a new Will document without the expense of an attorney, see details about Standard Legal’s Last Will and Testament legal forms software.

Absolutely. One commonly used phrase in a Will (that may have unintended consequences over time) is: “If one of my children predecease me, then their share goes to his or her siblings equally.” [ Read More… → ]

A Last Will & Testament becomes effective only upon the death of the person making that Will.  A person who has made a Will has the right to change it anytime prior to his or her death, assuming that the person has sufficient mental capacity to make a new Will.

As such, a Will cannot be “opened” or administered prior to a person’s death in order to determine whether that person’s wishes are being respected. [ Read More… → ]

Standard Legal’s Last Will & Testament legal forms software is valid and appropriate for those persons who plan to transfer assets to beneficiaries within the United States and/or have their probate case administered within the United States. [ Read More… → ]

Sometimes a family must make financial decisions on behalf of a person in the last years of life. This can mean the sale of assets that might have been disbursed to a specific person as a part of a Last Will and Testament.

So the question that arises: can a specifically-named beneficiary in a Last Will & Testament request the disbursement of assets from an estate prior to the death of the Maker, in an effort to keep that asset from being sold off prior to death? [ Read More… → ]

Many notaries employ the use of a seal or stamp to make the notarized document appear more “legal”. But the document is no more or less “legitimate” if a seal is placed on the document or not. [ Read More… → ]

Wills are not “filed” with a court — they are signed, attested then distributed to the Will’s executor, family members, and other trusted advisors and persons.

If a person you know has become incapacitated or died and you are attempting to locate a valid copy of his or her Will, the best idea is to contact persons close to or related to the maker of the Will.

The person chosen as Executor of a Last Will and Testament should be at least minimally qualified to take the steps necessary to gather the assets of the decedent’s estate, pay any and all creditors who may have a claim against the estate, and distribute the remaining property of the estate per the terms of the Last Will & Testament.

That being said, a person named as a beneficiary in a Will can also serve as the executor or executrix of the estate. [ Read More… → ]

In some cases where a Last Will and Testament existed prior to a re-marriage, a “debate” can ensue as to what assets belong to the new spouse and what assets belong to the children of the maker of a Will. The only way to end that debate is to identify and force the execution of the final Will. [ Read More… → ]

Yes, an original Will document that is properly signed and notarized would still be legal and valid — but would probably not properly provide for the gifts that you would list to pass upon your death. [ Read More… → ]

Under most state’s laws, a party is permitted to “disclaim” any interest or assets that are attempted to be passed through a Last Will & Testament. When one disclaims property that is being passed through a Will, he or she is renouncing his or her interest in that property in total. [ Read More… → ]

For the most part, a Last Will & Testament would not necessarily be rendered invalid if there was no date on the document. [ Read More… → ]

A quitclaim deed is the appropriate instrument to transfer property, but since the owner of the property (your parents) are deceased, the owner cannot sign the deed transferring title — a requirement of a Quitclaim Deed.

You and your brothers and sisters most likely need to open a probate estate with the county court where the home is located, so that the appropriate probate court can authorize the transfer of the property as you desire.

This situation is a perfect illustration for the benefits of creating a Last Will and Testament, as the process to transfer the property to one sibling would typically be far quicker and easier if a Will were in place in advance…

Some probate courts require an Executor to post a bond to ensure that the Last Will & Testament is properly administered (i.e. the property detailed in the document is disposed of per the terms of the Will).

The language you cite eliminates that bond requirement, so that the person you appoint as Executor does not have to post any type of bond or financial instrument with the probate court.

Details on Standard Legal’s Last Will and Testament legal forms software here.

Generally, there is no requirement that Will or Living Will documents must be re-drawn when a person moves from one state to another, provided that the original document meets even the basic requirements of each state’s laws.

If there is any doubt regarding the validity of your documents, we suggest you create new ones, given that doing so is so very affordable using Standard Legal’s do-it-yourself legal forms software.

Most states do not permit a spouse to “disinherit” the other spouse, by law.

Most states permit a “disinherited” spouse to “Elect Against a Will” if the deceased spouse has attempted to disinherit him or her by naming other beneficiaries to the exclusion of the spouse.   [ Read More… → ]

When a person has no children, often times he or she wishes to provide a home or the content of their estate to a brother or sister.

But what is the best way to handle such a designation?

Typically, there are two ways you can handle a desire to add your brother or sister’s name to the deed to your home. [ Read More… → ]

The answer to this question depends on which state and county the Donor (the person making the Trust) or the Maker (the person creating a Will) resides.

In the vast majority of states, a Living Trust and/or a Last Will and Testament do NOT need to be registered or filed while the Donor or Maker is alive. [ Read More… → ]

Let’s use an example of a husband and wife who do not “mix finances”. The wife owns the house solely in her name, and the husband has a business solely in his name with debts both personal and under the business. They carefully keep completely separate bank accounts, credit card accounts, etc. [ Read More… → ]

Upon death, the expenses owed by the decedent (i.e. the person who has died) are usually due and owing to creditors by that person’s estate.

The Executrix of the decedent’s Last Will & Testament usually opens a probate case to administer the decedent’s estate, in an effort to settle all creditor debts and to distribute the assets per the terms of the Will.

If there are positive assets of value belonging to the decedent at the time of death, creditors of the decedent can usually make a claim for payment of expenses against the assets of the estate. [ Read More… → ]