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Last Will and Testament Questions

Do I Need a Will if I Want My Assets Transferred First to My Spouse Then to My Children?

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… → ]

Tags: Last Will and Testament Questions  ·  January 28th, 2009

Does a Deed or a Will Take Precedence for Ownership of Property after Death?

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… → ]

Tags: Quitclaim and Warranty Deed Questions · Last Will and Testament Questions  ·  January 22nd, 2009

Can I Create a “Life Estate” Using a Last Will and Testament?

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… → ]

Tags: Quitclaim and Warranty Deed Questions · Last Will and Testament Questions  ·  January 6th, 2009

How Much Time Does it Take to Create a Last Will & Testament Document with Standard Legal Software?

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… → ]

Tags: Last Will and Testament Questions  ·  December 22nd, 2008

What is the Difference Between a Will and a Living Will?

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… → ]

Tags: Living Will Questions · Last Will and Testament Questions  ·  December 3rd, 2008

Do I Use a Will or a Quitclaim Deed to Transfer a Piece of Real Estate After Someone’s Death?

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

Tags: Quitclaim and Warranty Deed Questions · Last Will and Testament Questions  ·  October 21st, 2008

What Should I Do With My Fully Executed and Notarized Will?

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

Tags: Last Will and Testament Questions  ·  October 21st, 2008

Should I Have My Last Will & Testament Notarized?

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

Tags: Last Will and Testament Questions  ·  October 16th, 2008