Depending upon the jurisdiction in which a person lives, a Divorce or Dissolution done through a court could revoke the Last Will & Testament document that existed during the marriage.
Last Will and Testament Questions
Answers to Frequently Asked Last Will and Testament Questions
Does a Signed Quitclaim Deed Override a Different Distribution Outlined in a Last Will?
In most cases, a valid and signed Quitclaim Deed transferring property to a person other than the decedent “trumps” or supersedes the provisions of the decedent’s Last Will and Testament.
Are the Executor or Beneficiaries of an Estate Responsible for Any Debt Above the Value of the Assets?
Only the assets of the estate are used to pay debts incurred by the decedent. Beneficiaries and the executor are not personally liable for such debts (unless they are co-debtors or have personally guaranteed the debts of the decedent in some way).
What Can I Do if My Sister Talked My Mother into Changing Her Will a Few Days Before She Died?
A legal action that can be used to contest the validity of any presented Last Will & Testament.
If No Last Will Exists, Can a Person with Power of Attorney Contract for Funeral Arrangements?
A Power of Attorney document is generally effective only during the life of the person executing it. As such, the Attorney-in-Fact has no standing to access any assets of the estate by law.
Must a Last Will Reference Savings Accounts?
There are no ‘standard’ references to specific assets required within a Last Will and Testament.
Can a Will Be Written in Hand Instead of Typed and Still Be Valid?
The format of the writing (in hand vs. typed or computer generated) is irrelevant. The CONTENT of the writing is paramount. To that end, see Standard Legal’s Last Will and Testament legal forms software page to ensure the CONTENT that is required is provided.
If a Processed Will Mentions a Memorandum that is Not Attached, is the Will Valid?
If a Last Will and Testament mentions a memorandum, the memorandum most likely should have been attached to the finalized, processed document.
Whether or not that Will is legal and valid depends on upon the situation and the document.
Can a Person Deed Property to One Child After the Death of a Spouse in a Multi-Child Family?
In most states and when the family structure is relatively straight-forward, the handling of family property after the death of just one spouse is fairly consistent.
What Happens When a Deceased Person Made Two Wills and the Older Will Has Been Probated?
Typically, the creation of a new Last Will and Testament causes any prior existing Will(s) to be rendered null and void.
But if the new Will was not provided to the Probate Court to settle the estate immediately after the passing of the maker, there are options.