A Maker of a Last Will and Testament need not provide a copy of a Will to anyone prior to death.
Further, a Will need not be presented by an Executor to any persons not listed as a beneficiary, even after the death of the Maker.
Can a Grantor/Trustee of a Trust with Three Named Trustees Conduct Business Unilaterally?
The answer to the question depends on the specific language contained in the Trust document.
Must the Maker of a Document Be Present for a Notary to Authenticate a Signature?
One can have a document notarized without the notary being in the same location as the Maker of the document at the time of signing. This is done by providing identification to the notary public and acknowledging to the notary that the signature on the document is that of the person seeking the notarization. Witnesses … Read more
What Document Must I Create to Close a Gifting Trust for Which I am Trustee?
Generally, the Trust document itself states when the Trust is to terminate (e.g. when all assets are distributed, etc.). Since that closing information should be listed within the Trust document content, there is no additional or new document required.
Can I Get Garnished Money Back From a Bankruptcy Creditor if it Was Taken After a Stay?
The creditor should repay the money garnished, as the garnishment is a violation of the automatic stay imposed by the bankruptcy filing.
But when the cash is returned by the creditor, the money becomes property of the bankruptcy estate (unless it is exempt) and can be used by the trustee to pay the debtor’s creditors.
Must a Trustee Transfer Deeds as Directed by the Grantor if Mental Health is in Question?
The Trustee of a Trust must execute the transfer of deeds for any real property owned by the Trust that is sold to a new owner.
Further, if the Trust is revocable, then the Grantor of the Trust can terminate the current Trustee and name a new Trustee (i.e. the person who may sign deeds for real property), if that is the requirement set forth in the Trust or if that is the direction the Grantor decides.
But given these two statements of required action by the Trustee, the mental competency of the Grantor is a separate matter entirely.
Can I Cash the Deposit Check Returned from My Grandmother’s Nursing Home as the Only Descendant of Known Whereabouts?
How you handle disposing of the one and only “asset” from a relative’s “estate” is an issue you must decide on your own.
What Must I Change to Add New Owners to an LLC?
The Operating Agreement of the LLC should be modified or amended to show that additional members are owners of the LLC.
Who Distributes Assets if an Executor is Not Named in a Last Will and Testament?
In most cases where no Executor is named in a Last Will and Testament, the Probate Court will appoint an Executor to administer the probate case.
But the person named as Executor by the Probate Court often times will be someone close to the situation.
What is the Difference Between a Healthcare Power of Attorney and a Durable Power of Attorney?
These two documents are used for decidedly different purposes all together. A Power of Attorney for Healthcare (often called an ‘Advanced Healthcare Directive’ or a ‘Living Will’) covers a separate series of issues versus a Durable Power of Attorney.