Questions tagged [wills]

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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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2answers
48 views

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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2answers
60 views

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
193 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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2answers
110 views

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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1answer
68 views

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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2answers
59 views

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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1answer
45 views

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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1answer
43 views

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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0answers
106 views

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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0answers
14 views

In Florida, can institutions be payable-on-death beneficiaries?

I see 1 that some states have laws preventing charities from being named payable-on-death beneficiaries. Does Florida have such laws? Does the state of the charity matter?
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1answer
89 views

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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1answer
44 views

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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53 views

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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2answers
115 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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1answer
45 views

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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2answers
76 views

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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2answers
85 views

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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1answer
91 views

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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1answer
60 views

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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1answer
190 views

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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1answer
75 views

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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1answer
70 views

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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1answer
60 views

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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1answer
73 views

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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2answers
70 views

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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1answer
72 views

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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61 views

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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1answer
52 views

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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2answers
72 views

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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0answers
134 views

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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2answers
159 views

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 ...
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2answers
47 views

How to proceed when there is no will/last testament?

The Situation: My best friend's mother (Grace) passed away on Monday. Grace told her sister Hope and her son that she had a will. We cannot locate it (at home, not filed with lawyer or the city). We ...
2
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1answer
317 views

Is a digital last will and testament on my cloud drive legally binding?

For example: Let's say I simply put the signed, digitized document on a cloud drive and inform my executor of how to retrieve it via an email with instructions for safe keeping. Will my Executor have ...
2
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1answer
90 views

Do I inherit some portion of property if there's no will?

My mother passed away without a will a month ago. She owned a house with my stepdad in Albany, NY. He still lives there. I live in FL. What portion of the estate value do I get as a result?
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1answer
328 views

Inmates and inheritances

Someone dies and an indigent prison inmate is one of the heirs. The state has a statute that allows (or may even require) recovery of prison-related expenses (medical or otherwise) when the prisoner ...
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1answer
62 views

Is it kosher to leave your primary doctor a small bonus in your will

Or, visiting nurse or social worker. People who are paid by the government generally can't accept cash payment in addition to what medicare pays them. My understanding is that it's outright ...
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1answer
83 views

Can an executor (personal representative) name a successor executor? (Utah)

Chris died and named three co-executors. The estate involves property but no complications, so informal probate seems viable. For various reasons, the co-executors want one person to be named ...
3
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1answer
122 views

Can I release all my copyrighted works into the public domain upon my death?

I would like all my copyrighted works into the public domain immediately upon my death (rather than the current United States law specifying that it will be released 70 years after my death). Is this ...
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1answer
178 views

Family trust but probate (informal or formal?) needed

(Based on @ohwillieke's answer, I've updated this to clarify the facts) Family trust: was set up by parents as a revocable living trust. had "upon death" instructions to transfer all to beneficiary #...
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1answer
568 views

Timing of disclaimers for an inheritance vs. an interest in a trust? (USA)

Context Update The context is a trust and beneficiaries who disclaimed earlier did so to help another beneficiary. The ones who want to disclaim now also want to do so to help the same beneficiary. ...
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1answer
64 views

Special provisions in the will of a divorced parent

What special issues or topics might a divorced, custodial parent of a six year-old consider in writing a will? What issues or topics might become more important as the child gets older.
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1answer
139 views

How to exclude somebody from being a guardian in a will?

My wife and I are completing our last wills and testaments. We have named 3 guardians for our children in case we pass away (the guardians are in descending order, so the first has priority etc.). We ...
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0answers
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Is it possible to take someone to small claims court while living and working abroad? [duplicate]

My father passed away two years ago. My brother was issued executor of my father's assets. My father left a will stating I have equal rights to the assets he left when he passed away. I live and ...
2
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1answer
348 views

Can a will order private property be destroyed?

I'm just wondering if you can will that all your personal property, and real property be destroyed or discarded in a will? To what extent is such a request legal, or illegal and can we predict if the ...
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1answer
162 views

What happens if a person is thought to be dead and their estate is administered, and then they turn up alive?

Suppose a person disappears and is thought to have died (e.g. massive fireball plane crash, 'nobody could have survived that') and so their estate was administered. And then, after their property ...
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1answer
44 views

What happens if I die without a will?

What happens to my property if I die without a will? The jurisdiction is Victoria, Australia.
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2answers
381 views

Probate: Larke vs Nugus statement

When contesting a will in UK law a "larke vs nugus" letter may be sent to a solicitor holding the will to request they provide evidence relating to the how the will was drafted. See for example: ...
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2answers
1k views

Can I create a will before our baby is born?

We are having a baby and I had a question about creating a will. I am planning on talking to a lawyer before doing so, but just wanted some quick advice. Can I create the will before the baby is born? ...
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2answers
806 views

What is the remedy if a lawyer forges a client's signature on a will?

Assume that a lawyer forges his or her client's signature on a will. What is the remedy for anyone who believes they've been injured by the execution of the will?