Banks do not accept a Last Will and Testament document as proof to provide access to funds in an account for obvious reasons. Continue reading Why Won’t My Deceased Father’s Bank Honor His Last Will and Provide Account Access?
If a real estate property has been properly assigned via Quitclaim Deed to any other person, that property is no longer an asset of the person who gave it away. Continue reading If a Property Was Quitclaimed Years Ago to One Child, Can a Will Give Shares to Other Children?
Generally, if a Last Will and Testament cannot be found after the death of a family member (or even a copy of the original Will document), it may be presumed that the person died intestate, i.e. without a Will. Continue reading What Happens if I Can’t Find My Parents’ Will After They Die?
The answer to this question would depend on a number of factors: Continue reading If My Spouse Had a Home and Child Prior to our Marriage, Do I Get the Home If He Dies?
An Executor has no authority to sign a Quitclaim Deed on behalf of a deceased person. Continue reading Can an Will’s Executor Use a Quitclaim Deed to Transfer Listed Property?
When children are to be excluded from a Last Will and Testament, the situation can be handled in one of two ways: Continue reading What is the Best Way to Exclude Children from a Last Will?
The estate of the deceased should be directed through a Probate Court proceeding shortly after death, with the property distributed per the Probate Court according to the terms of the Will. Continue reading Can We Collect Rent from a Family Member Who Won’t Leave a House to be Sold per a Will?
Two witnesses signatures on a Last Will and Testament suffice to make that document legal and valid in the state of California. Continue reading Must a California Will Be Notarized or Are Two Witness Signatures Sufficient?
Certainly not. The Executor of a Will has a legal, fiduciary duty to distribute the assets specifically as directed within the Last Will and Testament document.
If an Executor fails to follow the Will’s instructions, a petition may be made to the Probate Court.
Typically, a well-written Will has a ‘remainder’ clause that distributes all assets not specifically gifted to a named beneficiary.
If such a remainder clause does not exist in the Will, the Probate Court will typically direct the distribution per state law.