In most states, upon Divorce the law treats a former spouse as if he or she died before the Testator, i.e. the person making the Will.
But typically the remainder of the Will continues to be effective.
So generally, a former spouse of a Joint Will is treated as deceased and the children named in the Will remain as beneficiaries.
But not always. Continue reading How is a Joint Will with an Ex-Spouse and Children Handled if Other Ex-Spouses and Children Exist?
Yes, for a married couple with individual Last Will and Testament documents, the Will of the first spouse to pass must be Probated.
Once Probate is completed on that spouse’s Will, only the remaining Will document would still be in force.
A Beneficiary Deed is a transfer-on-death instrument. That means when this form of Deed is used in conjunction with a Last Will and Testament, probate is avoided. Continue reading How Does a Beneficiary Deed Work in Conjunction with a Last Will?
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?
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?