Questions tagged [wills]

A will or testament is a legal document by which a person expresses their wishes as to how their property is to be distributed at death.

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27 views

Intestate succession in Utah: Parent and Siblings

Joe owned a home. He died without a will. His survivors are a mother and six siblings. Do I understand correctly that the mother inherits everything and the siblings nothing? Here is a link to the UT ...
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What does the article of this will mean in layman's terms?

ARTICLE III I specifically device and bequeath a life estate of my real property located at LOCATION unto PERSON1 as long as they reside there upon and reasonably maintains the same with the ...
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Clarification of “per stirpes”

If it matters, this is in the US state of Oregon. If we bequeath equal shares of something to our two children per stirpes, is his/her spouse automatically included, or only their children?
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Wills and probate question. When is a will considered contested?

Venue is likely Idaho. Under what authority or condition would a stipulation of a will be considered contested? Will Contest. If any person shall for any reason or in any manner whatever, directly ...
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Can my sister-in-law be barred from my parents' will? [duplicate]

My sister-in-law is a horrible person, and I was wondering what would happen if my brother passed away after my parents' will was already executed. In the event my brother passed first, it's obvious I ...
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How to prevent assets in a will from being passed to a person suffering from incurable dementia?

Triggered by this question, a similar one. How can I write a will such that if a beneficiary is suffering from senile dementia at the time I die, they are passed elsewhere? The situation may well ...
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How to protect assets from being passed to a beneficiary in a will when they are likely to die soon also

I'm going through the process of creating a simple (my first) last will and testament. I'm young with modest assets. I'm married with no children and live in the United States. I'd like to have ...
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Simpler way to handle living trust/will for property than transferring into a Trust

I just completed the Nolo Quicken Willmaker. It prints the following notification/warning: You're done making your trust document. Congratulations! Your living trust is not yet effective, ...
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Can I (proactively) prevent someone from leaving me something in a will?

What can I do to prevent someone from leaving me something in their will? Generally speaking, in North America: Do I have to take responsibility for things left to me in a will or are their other ...
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Last Will and Testament

If you search for will services there are many that seem to do nothing more than fill your name and other details into a predefined format. These services also often charge money for it. Of course ...
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120 views

Can a Last Will legally specify beneficiaries at a specified url?

Can a Last Will legally specify beneficiaries in an external document? For example, can the Last Will point to a url that shows a list of beneficiaries?
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Can an interest in real property by adverse possession be inherited?

In Australia can someone has a an interest in property by adverse possession bequeath the property to an heir? If so, will that claim be able to defeat the interst of an heir of the legal owner?
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Witnessing a will

I am living in Punjab. My father has made a will favoring his property in my name. The will is on a simple paper. Will has two witnesses . One is his wife I.e. my mother. She is not a beneficiary In ...
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Living will to euthanize me in a Phineas Gage/Tila Tequila situation?

There are fates which scare me more than death, more than permanent comas or disability, more than amnesia or dementia. It's suffering brain damage which would render me abhorrent to my former self. ...
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Example of wills being declared forged without the signature being forged?

Is there case law in common-law-based legal systems regarding claims that a will is forged - but without the signature being forged, and without the text being altered after the signature? For ...
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Are there tests to apply to wills to check their validity?

What kinds of tests can one reasonably apply to wills to check to see that each stipulation holds up without going before a judge and can withstand a courtroom challenge?
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Joint executors: can one be silent?

In a will where two executors have been named, can one be "silent" without having to go through renunciation? I believe the writer named two in case one didn't survive the other, but only one has an ...
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How is the passing of an estate's property handled when the recipient has also died?

This is a theoretical question so I may not have thought it through completely. We have a grandmother who has died, leaving behind a will that is several years old. In it, she has given an asset (...
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Is a testator not an executor if they execute their will?

Just want to make sure I have the right terminology. The person who makes a will and testament is a testator. The executor (also known as an administrator) has the responsibility to carry out the ...
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What are the consequences of forging a will, in common law and in civil law?

In any legal system (in which individuals can transfer property ownership upon their death through wills), there are probably criteria for when a will is admissible (e.g. the deceased was cognitively ...
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Making of a will

My father has made a will in favour of me but it has been got written from someone else but not written by my father himself although signed by him . I want to know whether it is a valid will and can ...
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Drafting a will to have a third party sell an inherited home? [closed]

The question title may be a bit misleading - it's hard to word my issue. Apologies in advance. Background I am 27 and my sister is 23. We stand to inherit a 1500 sq. foot home should anything happen ...
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4answers
240 views

Writing an easy-to-change will

Let’s take the following example: Alice is a web developer and she is in her 20s. She owns a business and some properties, bank accounts, Cryptocurrency wallets etc. She wants to write her will so, ...
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Causing a sedated person to sign a will: Is it fraud or not

Is it legal for parties to put a pen in a sedated person's hand and sign their Will? Or is it fraud? I really need to know, please
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Parent dead without a will

A person dies without a will in California, US, and one of several children proposes to take control of real estate. Under what conditions is this legal? How can such action be challenged, if it can ...
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Estate Planning - Spouses with survivorship clause - could a named beneficiary “double up” on simultaneous death scenario?

Lets say there is a married couple and they both have identical wills; with a survivorship clause along the lines of: I direct that the reside of my estate shall be paid, transferred and delivered to ...
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Accidentally writing self in beneficiary signature

My father-in-law who recently died accidentally wrote himself as the beneficiary for some investments many years ago. Now the company will not give his wife the money even though The Will says she is ...
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How can my company become an executor for social media account removal in the event of a death?

I'm starting a business with a friend where we plan to automate the process of closing social media accounts, bank accounts, etc. on behalf of deceased individuals. Looking into this further, some of ...
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Sister and 23 yr old niece won't move out of deceased mom's house

My mother died 6 weeks ago. My sister lived with her, and took care of her for a long time. I give her credit for that. Since mom has died, sister is holding onto the will. Our brother is the ...
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Protecting myself against my future self

There is always a grey zone between being 100% mentally operational and the beginning of, say, age-related dementia. Before a physician can declare that someone is not able to make clear, rational ...
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Foreign national drawing up a will in the US

My wife is a German she wants to draw up a will in the US. Will it be valid in Germany and Canada?
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How do I protect my child's assets against medical expenses incurred by their potential guardian?

I am in the process of drafting a will for my estate and would like to designate friends of mine as potential guardians for my children in the event of my death. The concern I have is that my friends ...
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132 views

1000-year trust? (fictional)

PREMISE: I'm writing a novel about a man who creates a legal entity intended to last 1000 years, and I'm not sure how to classify it. For lack of a better word (and total ignorance on my part), I ...
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Plain English Follow Up

This is a follow up to my previous question: Plain English Meaning Of Trust Language, which I included a picture of for clarity. The trust article outlines what happens if an heir is deceased but what ...
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Plain English Meaning Of Trust Language

Can someone please translate the paragraph means into plan English? The image is taken from a revocable trust.
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Can my will gift digital files to specific people?

A specific bequest is defined as such: the gift in a will of a certain article to a certain person or persons Here it says: A specific bequest is a gift (bequest) or a specific item or asset to ...
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Executor Pink Slip [closed]

How much time do I have to contest that an estate executor is accurately reporting the value of the estate and distributing the assets in accordance with the will? Jurisdiction: Oregon, US ...
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Does the digital will need to be separate from the regular will?

Do I need to maintain two separate wills, one for my digital life (accounts, passwords, etc.) and one for my regular life (assets), or I can I bake my digital will into my regular will?
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What to do if you have a possible 'zombie' relative

An elderly uncle of mine spent the last 10 years of so in assisted living until dying in his late 90s. He has a sister (who has mild dementia) and a brother who has been not reachable for ages, along ...
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Probate Must Or Bust?

Does an inheritance have to go through probate in the Oregon, United States? If probate is required is there anything else that needs to be done in its place, besides the executor paying any ...
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Inheritance Query

My mom recently passed leaving her estate to be split equally between me and my siblings. The assets were sold prior to my moms death and placed in a DA Davidson account to manage will she lived in ...
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Inheritance D.A.Davidson

My mother recently passed leaving my two sisters and I to split the estate equally. I am in US and my mother lived in Oregon when she died. My sister is the executor and I don’t really get along with ...
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Inheritance Help

I am expecting to receive a considerable inheritance for my mother that recently passed, I think in the range of ($10k-???) It could be a lot but I have no idea my sister is the executor of the will ...
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Mom paid for a will, what does the payment cover?

Around 2001 or 2002 my mother went to the law firm where my deceased father had been a partner and drafted her will. I'm not positive, but I suspect this was done after George W. Bush rewrote the ...
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Can the executor of a will be the sole beneficiary?

In the United States, can the executor of a will be the sole beneficiary?
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What is the minimum information required to specify a person in a will?

If person A wants to leave assets to person B in their will, what is the minimum amount of information for person B that person A needs to specify? Obviously, they need their name... but is anything ...
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What is the best way to determine if a living person in the UK has a will?

I'm doing some research for a side project where I want to determine whether a living person in the UK has a will or not. What are your recommendations?
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Can beneficiaries be pursued for damages inflicted in life?

This is only for fictional literary research If a person confesses to a crime on their deathbed, one that caused unfathomable property damage and loss of life, will their heirs be forced to forfeit ...
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How can I legally petition for a home that has been in the family for generations but the deed has another name on it

There is a house in my family that has been lived in for almost 70 years. Originally the family member that purchased the house used a family friend to procure the mortgage (she did not know better as ...
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Can I legally dictate the disposal of my body after death?

Is there a legal document that can prevent my body from turning over to my family after my death? When I talk to my family they say my thoughts don't matter. Their ceremonies will defile both my body ...