Stack Exchange Network

Stack Exchange network consists of 175 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [wills]

The tag has no usage guidance.

0
votes
1answer
42 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 ...
0
votes
1answer
37 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 ...
0
votes
0answers
96 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 ...
0
votes
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?
4
votes
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 ...
0
votes
1answer
39 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?
1
vote
1answer
46 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 ...
2
votes
2answers
97 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 ...
0
votes
1answer
42 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 ...
1
vote
2answers
60 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.
3
votes
2answers
83 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 ...
-3
votes
1answer
85 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 ...
1
vote
1answer
58 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?
3
votes
1answer
182 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 ...
-2
votes
1answer
67 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 ...
1
vote
1answer
67 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 ...
1
vote
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 ...
0
votes
1answer
70 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 ...
0
votes
2answers
62 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 ...
0
votes
1answer
66 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?
0
votes
2answers
55 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 ...
0
votes
1answer
41 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?
1
vote
2answers
69 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 ...
2
votes
0answers
116 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 ...
2
votes
2answers
155 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 ...
0
votes
2answers
44 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
votes
1answer
242 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
votes
1answer
89 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?
0
votes
1answer
262 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 ...
0
votes
1answer
50 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 ...
0
votes
1answer
76 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 ...
2
votes
1answer
112 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 ...
0
votes
1answer
136 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 #...
1
vote
1answer
457 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. ...
1
vote
1answer
58 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.
1
vote
1answer
127 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 ...
1
vote
0answers
33 views

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
votes
1answer
303 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 ...
5
votes
1answer
146 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 ...
1
vote
1answer
43 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.
0
votes
2answers
358 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: ...
2
votes
2answers
941 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? ...
0
votes
2answers
715 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?
7
votes
2answers
4k views

Can bones be willed to a family member after death?

Suppose I wish to leave some or all of my bones to a loved one after my demise (properly cleaned and bleached), or have a loved one leave me bones, is that something I am able to legally do (assuming ...
3
votes
1answer
58 views

Spouse as a witness to a last will

I live in PA and we recently completed a will. The lawyer who drafted our wills stated that my wife and I could witness each other's will. Because his office is small (two lawyers and a paralegal), ...
1
vote
2answers
143 views

In United States, can guardianship be meaningfully contested by other grandparents?

In case both parents die before the child reaches the age of majority, and BOTH of them leave the wills with identical wording about guardianship wishes; that explicitly name the same set of ...
1
vote
2answers
208 views

What are the downsides of using a service like LegalZoom for simple will / living will?

Let's say someone is interested in a fairly simple will (simple financial picture with a house, mortgage, 2 bank accounts, 2 retirement accounts; no prior wills; simple family structure, nearly-bog-...
1
vote
1answer
426 views

Is right of survivorship the same as tenants in common?

What are the practical differences between opening a joint bank account with one's spouse in these ways: Joint tenants Tenants in common Joint tenants with right of survivorship? I am concerned with ...
1
vote
1answer
81 views

Outstanding debt for deceased relative how to stop the bills coming?

My uncle passed away a few years ago, and owed quite a bit of money, I believe he owed on the house and perhaps on a loan. He did not leave any money in his will, and we ended up paying for his burial....
7
votes
2answers
383 views

What happens to debts when someone dies?

How are debts and loans recovered by the lenders after a borrower passes away? A debt can be as small as 100 bucks for the credit card bill. It can be as big as millions of bucks for mortgage (or ...