Regardless of the desires of all the siblings / beneficiaries, a piece of property cannot simply be assigned to one person if a Last Will and Testament does not exist or specifically direct as much. [ Read More… → ]

If you are notarizing any legal document (including a Will), the notary will require the presence of — and require documentation to confirm the identities of — the person(s) signing the legal documents as witnesses to a maker’s signature.

At the same time, note that Standard Legal’s Last Will and Testament documents are ’self-notarizing’, meaning that a notary is not always required to make the Wills valid. For complete details, see Standard Legal’s Last Will and Testament legal forms software page.

When an individual or an estate has one person who is named with Power of Attorney and a different person named as Executor for a Last Will and Testament, a circumstance can exist where questions arise as to who takes responsibility — and at what point — for financial matters of the Maker of each document.

But the law makes it clear when each person’s fiduciary responsibilities are in force. [ Read More… → ]

If parents wish to Will ownership of their home to one specific child or to specific children, the Will should clearly state as much.

If parents wish to Will ownership of their home to all children equally, the Will should clearly state as much.

But to create a Last Will and Testament stating an equal distribution should be made amongst all children AND certain children can live in the property after the death of both parents is a conflict that a Probate Court would need to resolve. [ Read More… → ]

For clarity purposes, when listing blood-related children and step-children within a Last Will and Testament, Living Will or Living Trust, it is suggested that all children be specifically listed in the document by name and then referred to as “my children”. No designation past that is required.

There is no legal obligation by the Maker to show his or her Last Will and Testament to anyone during the life of the Maker of the Will. But after death, the process has some requirements. [ Read More… → ]

If a person making a Last Will & Testament wishes to include ANYONE in a Will, the maker of the Will should list that person specifically as a beneficiary — even a child, step-child or adopted child.

Listing a person by name in a Last Will and Testament clears up any potential confusion that could arise. [ Read More… → ]

Whether or not a beneficiary listed in a Last Will and Testament pays taxes on the assets provided in that Will depends on whether the decedent’s estate is of sufficient value that estate taxes (be they federal, state or local) will be levied upon the transfer of the property.

The short answer is, it depends upon the value of the estate. [ Read More… → ]

This question addresses a highly complicated legal situation.

In retrospect, the best way to effectuate the desires of the father in this situation would have been to change the property’s Deed to grant a ‘life estate’ to the stepmother, with a remainder interest to the children. That way, the mother was free to reside in the home for the duration of her life and upon her death the ownership would have passed to the children.

But even in the probate of the estate after the father’s death, such a situation can be created. If the father used a Will rather than a Deed to convey his wishes, the probate process itself can be utilized to create the same ‘life estate’ result, with a life interest being transferred from the probate estate to the stepmother while she is alive and a remainder interest to the children after she passes.

Either way, both of these process can be complicated and the use of a qualified attorney is highly recommended. [ Read More… → ]

If a person is not named directly as a beneficiary, administrator or executor in a Last Will and Testament, there is no legal requirement that a copy of said Will be provided to a person simply because they are a relative of the Maker. [ Read More… → ]

There is no requirement that any person leave any gift or bequest any piece of an estate to any child or children though a Will. Directing assets through a Will is at the discretion of the Will’s maker. [ Read More… → ]

There is a substantial difference between receiving assets distributed from a Will, and being named as a potential future beneficiary in a Will — as well as how that distinction is treated legally. [ Read More… → ]

A Power of Attorney document and a Last Will and Testament document are not “active” at the same time, so no overlap in function exists for one or the other to “take precedence”. [ Read More… → ]

If the terms contained within a Last Will and Testament and a Premarital Agreement contradict each other, the Probate Court judge assigned to your estate case would decide upon the appropriate application of the two documents as they relate to the distribution of your assets after death. [ Read More… → ]

Generally, in order to fund a Living Trust, a person must have ownership of an asset so that he or she can transfer the title to that asset into the name of the Trust. [ Read More… → ]

Changes made to an existing Last Will and Testament document should be witnessed and notarized to ensure the validity of the changes to others, after the death of the Will’s maker.

Since the process for changing an existing Will requires these steps, creating a new Will is often a better strategy for making updates to the content of a Will document. [ Read More… → ]

In most instances, life insurance benefits are paid to the person listed on the policy, notwithstanding the terms of any Last Will and Testament. [ Read More… → ]

In most states, a spouse cannot be “cut out” of a Last Will and Testament, even if it is a “new spouse” and an “old will”.  [ Read More… → ]

Joint accounts are owned only by those specifically participating in the account. In most cases, upon the death of one joint account holder, the remaining account holders continue to own the contents of the account.

Each state has its own rules regarding the time frame in which a Last Will & Testament must be submitted to the probate court for evaluation and execution.  [ Read More… → ]