The need send a Last Will and Testament through the Probate Court process depends upon the type of assets gifted within the document, and the “personalities” of the named beneficiaries.
How Do We Handle Our Landlord When My Military Husband Has Been Assigned to a Different Base?
Military personnel and their family members are covered under the Servicemembers Civil Relief Act (SCRA) in dealing with civilian apartment and home leases. Section 305 provides:
Can My Father Not Name His Adult Children in His Will, and if He Leaves Everything to His New Wife Must She Share with the Father’s Children?
No USA state prohibits excluding children in a Last Will and Testament.
Why Does a Trust Deed Have ‘a Married Man’ After the Grantor’s Name?
Such language indicates that the grantor is married and, as such, his spouse may have certain dower rights in the property.
What Happens Upon the Death of the Manager of an Limited Liability Company?
The Limited Liability Company’s Members must elect a new Manager. If the person who was Manager was also the registered agent, a new agent must be selected and the Secretary of State in which the LLC is formed must be informed of such new agent, utilizing the appropriate change of agent form.
Since the Bank My Parents Named as Trustee is Charging a Fee for Services, Can My Siblings and I Name a New Trustee?
Using a bank or financial institution as a Trustee is an option that some Trust donors prefer to utilize. Doing so can offer financial expertise, continuity of trusteeship, etc.
Are Small Claims Judgments Discharged When a Bankruptcy Case is Completed?
Yes, small claims judgments typically are discharged upon the completion of a Bankruptcy case.
As Sole Beneficiary Must I Divide My Parent’s Life Insurance Policy With My Siblings if it is Not Mentioned in Their Will?
Life insurance proceeds pass outside of probate; generally they are not considered assets of the decedent’s estate.
As such, and depending on all of the language contained in the Last Will & Testament, the insurance proceeds can be retained by the person named as the beneficiary of the policy without the legal requirement of being divided among a Will’s beneficiaries.
But there is one concern to review.
If I Get Divorced, Can I Tell the Landlord I Am Leaving and Make My Ex-Spouse Responsible for the Rent?
Until such time as the landlord agrees to release a tenant from liability under the terms of a lease, the tenants listed in the lease are obligated together to abide by those terms (i.e. pay the rent).
Unilateral pronouncements by a tenant delivered to a landlord will usually not result in a termination of liability for that tenant.
Does Title Insurance Cover Incorrectly Filed Warranty Deeds and Does a Statute of Limitation Exist?
Title insurance will cover only those issues specifically set forth in the title insurance policy. Most policies have a significant number of exceptions to coverage, so there is no standard answer to this inquiry. You must read the policy in question.