What Is Required for a Will to be Executed After the Maker’s Passing?

Many people create a Last Will and Testament. But most don’t know exactly what happens after they pass away. Are other legal forms required for the Will to be triggered? What needs to occur so the Executor can write checks and distribute assets to the Beneficiaries per the terms of the Will?

Read moreWhat Is Required for a Will to be Executed After the Maker’s Passing?

If an Executor Does Not Follow a Will, What Can a Beneficiary Do and for How Long?

Beneficiaries who are named in a Last Will and Testament may bring an action against the Executor of the Will if the Executor engaged in conduct contrary to the provisions of the Will.

How long the Beneficiary has to bring such an action depends upon the laws of the state where the Will is being executed.

Read moreIf an Executor Does Not Follow a Will, What Can a Beneficiary Do and for How Long?

Can the Executor of a Will with Power of Attorney Distribute Assets Before the Death of the Maker?

A Last Will and Testament does not transfer property or assets until after the death of the maker of that Will.

But a person who is named Attorney-in-Fact by a Power of Attorney document can manage the assets of a Principal, so long as ‘best interest’ is applied.

Read moreCan the Executor of a Will with Power of Attorney Distribute Assets Before the Death of the Maker?

If I am Divorcing My Spouse, Can I Create a New Will To Exclude That Spouse?

Many states have laws that prevent one spouse from disinheriting another spouse within a Last Will and Testament. As such, it may be wise to wait until the Divorce proceedings are finalized to create a new Last Will and Testament.

Read moreIf I am Divorcing My Spouse, Can I Create a New Will To Exclude That Spouse?