A “will contest” is the process by which someone, usually a family member of the person who died or a beneficiary listed in a Will, challenges the validity of a Will.

Generally, the legal grounds for such a “will contest” include claims that the Will document was improperly signed, the testator (the person making the Will) was incompetent or lacked the proper testamentary capacity (e.g., he or she did not understand what he or she was doing), that the Will document contains a serious mistake, or that the signing of the Will document was the result of fraud, undue influence, or duress.

There is a time limit for filing a “will contest,” and that the time frames vary from state to state.  [ Read More… → ]

Standard Legal’s Last Will and Testament legal forms software provides for a suggestion of guardianship for children.

While Probate or Family Courts make the final decisions regarding guardianship of minor children when the death of a parent occurs, wishes expressed in a Last Will & Testament carry great weight with these courts and are usually granted (except in unusual circumstances).

Certainly! So long as the Will is created to follow the laws of a particular state, and so long as the Will will be probated in that state, the current residency of the makers of the Will is not relevant.

See complete details on Standard Legal’s Last Will and Testament legal forms software here.

Upon the death of a person who has made a Will, the probate process must be initiated.

Most commonly, a person who has made a Will has chosen a close family member to act as Executor or Executrix –- this is the person that assists and oversees the administration of the deceased person’s probate estate.

The Executor is usually empowered to submit the Will to the probate court or hire an attorney to oversee the probate process. [ Read More… → ]

Sometimes items listed for distribution within a Will are designated to specific beneficiaries, but are sold, lost or given away prior to the death of the maker of the Will. And in some cases, those items were to be distributed specifically to a named beneficiary, to the exclusion of others.

But what is the process for the distribution of assets if one of those items, like a house, was to be split amongst all the children while cash was designated only to a specific child — but the house was sold months in advance of the death of the maker of the Will?

Further, if the named beneficiary has died, what rights do the children of the named beneficiary have to the distribution? [ Read More… → ]

Some USA states have residency requirements for the executors (as well as guardians and trustees) appointed in a Last Will & Testament.  Under Wisconsin law, for example, non-resident status can be a determining factor in a court refusing to appoint an Executor.

Many states (Ohio and Illinois, as examples) do not have specific legal residency requirements for executors and other fiduciaries. But even though state residency may not be technically REQUIRED under the law, probate courts often PREFER that the executor be a resident of the state so that he or she can be geographically close to the court.

And even in those states where residency is not a legal requirement, the probate court is free to refuse to appoint a named executor due to out of state residency. [ Read More… → ]

Standard Legal’s Wills for couples are meant to be created individually; it makes more sense for each spouse to have a separate Will than to create one jointly. Further, each Will states, “In the event that my spouse shall die simultaneously with me…I direct that I shall be deemed to have predeceased my spouse.”

This language in both Will is, in fact, appropriate. And while it may appear contradictory, it is in fact intentional. [ Read More… → ]

A Last Will & Testament can become a public record in some cases — but only if or when it is submitted to a Probate Court upon the death of the person making the Will.

Until that time, a Will is NOT public record — it is private. And even after it is filed for Probate, some states have significant restrictions on access to these documents as public records. [ Read More… → ]

Once a Will is pending in probate court, there are procedures in place that allow recipients to petition the probate court to review the conduct of the executor appointed to oversee the handling of the estate. [ Read More… → ]

The common perception is correct that, in most common cases, assets transfer first to the surviving spouse and then in equal percentage to the children if no spouse is surviving.

But there are a number of benefits to creating a Will, especially given the low cost and ease to do so. [ Read More… → ]

Precedence between a Deed and a Will depends upon how title to the property is held at the time of the death. But in general, ownership is dictated by a properly filed and recorded deed. [ Read More… → ]

A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.

Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).

While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions [ Read More… → ]

If you are making a Last Will and Testament document for yourself or a close family member and know exactly what assets are to be disbursed to whom upon death, then completing the Will form should be a very short process — usually  15-30 minutes. [ Read More… → ]

Generally, a Last Will and Testament outlines the distribution of a person’s assets upon his or her death, while a Living Will defines the type of health care a person wishes to receive if incapacitated and unable to make such decisions directly.

In most instances, the person who is creating either one of these documents should [ Read More… → ]

Neither. Once someone has died, property cannot be [ Read More… → ]

An original Will document, once executed and notarized, should be placed in a secure, fire proof location that [ Read More… → ]

Standard Legal suggests that all Will documents be notarized to legally validate the authenticity of the same. It is recommended [ Read More… → ]