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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Property and Intestacy when married
What happens to property without a will while it is in probate?
An IRA with a named beneficiary is exempt from probate.
A house in joint tenancy does not pass through probate.
However, say a car is ...
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Release my children from my debts at the time of my death [closed]
Upon my death how do I physically write the actual release of debt without an attorney, so my children are not held responsible for my debts.
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How does a clause of reverter or "possibility of reverter" interact with the Rule Against Perpetuities?
This is a follow up to another more broad question. According to Wikipedia on the possibility of reverter,
There is a possibility of reverter when an estate will return to the grantor if a condition ...
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Are wills that easily contested?
I've seen multiple situations in TV shows, fictional and nonfictional, where wills or other expressions of post-mortem wishes have been contested for reasons that seemed trivial.
One was a man who ...
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Asset protection trusts and death of the beneficiary
It is my understanding that an asset protection trust cannot allow the beneficiary to specify where the money goes after the beneficiary dies. That is, it cannot give the beneficiary a general power ...
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Where can I find a will that passed property to municipality with restrictive covenants?
The will of George H. Hermann passed property from his estate to the City of Houston. Some of the transfers, included clauses like the following,
in the city of Houston, Harris County, Texas, for the ...
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Who gets to see the living revocable trust documents when a person dies?
Suppose that person X has setup a living revocable trust and his or her will leaves everything to the trust. The trust controls who gets the assets after person X dies.
After some time, person X dies. ...
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Meaning of 'Gift of Residue' section of a will
This section is in a family member's will:
Gift of Residue
I give my Residuary Estate to the said [Full Name] absolutely and if [Name] shall fail to obtain a vested interest leaving issue who survive ...
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What options are there for executor when no close family member is available?
What alternatives exist for finding and appointing an executor for one's will/estate for a person with no close family or qualified friend? Are there pros and cons?
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Administering a will in Mississippi
Mississippi will situation. My father recently passed and has a now discovered will (we had no knowledge prior). My brother and I are named executors of the will but have only been provided copies by ...
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Changing a Will
Person XYZ goes to an attorney and hires to the attorney to draw up a will. The attorney produces the will and it is signed.
After several years, the person goes back to the attorney and asks the ...
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Which grandchild is older, if one was born chronologically earlier but on a later calendar date due to timezones?
In his will, Charlie bequeaths his estate to his "oldest living grandchild." Upon Charlie's death, his two oldest living grandchildren are Bob and Alice. Bob was born in Vancouver, British ...
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Testamentary Trust
A person is thinking about leaving his money to four people. I will call them p1,p2,p3 and p4. When he dies he wants his money to go into a trust. In addition, he wants p1, p2 and p3 to be able to ...
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Can the possible existence of a will be ignored
A person is currently suffering from a degenerative brain condition affecting memory. They have previously told their family that they did make a will, and had it stored with a solicitor in a named ...
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General Question about Last Will and Testament in India [closed]
I have few question on how to write Last will and is it valid under Indian Law.
Do i have to register my Last will (Eg, Affidavit, Notary, Stamp, etc)
Can Last will over ride nomination? (Eg, Mutual ...
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If I fall into a vegetative state, can I donate my living body to science?
Full bodies can be donated posthumously, and living organs can be donated, but if I fall into a state where I am virtually useless as a human, kept alive by life support (or whatever the legal ...
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Who determines whether a deceased person's property can be sold without probate? [closed]
My Grandmother died earlier this year. She lived in a property from 1960 onwards with her husband (my Grandad) who died in 2019. They had one child (my Dad) who died, unexpectedly, in 2017. My Dad had ...
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Do Will witnesses in NY state require a copy of the Will prior to witnessing/signing?
In New York State in order to be a legally valid Will, the Will must be signed by two (2) Witnesses who are in no way, shape or form beneficiaries of the estate/Will.
Do the Witnesses need to see/read ...
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Probate vs Non-Probate Assets for Wills
New York State (USA) here. I'm having trouble understanding the difference between Probate and Non-Probate assets, from a Will/Testament standpoint.
I believe non-probate assets are specific gifts you ...
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Signing, witnessing and filing requirements of a Last Will & Testament in NY
In New York state (USA), what are the signing & filing requirements for a Last Will & Testament? Pretend the Will itself (the wording) is valid and enforceably. My understanding is that the ...
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Understanding which inherited assets are taxed in NY
New York State (USA) here with a Last Will & Testament question.
Are things like life insurance and non-probate gifts taxed? Or do they pass to beneficiaries untaxed?
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Can a modifiable appendix be a valid and enforceable extension of a Last Will & Testament?
I'm in NY state (US). I am writing a will and am at the article where I name gift designations for specific beneficiaries (son #1 gets my old slippers, son #2 gets my belly button lint, etc.).
This ...
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Can Prince Philip's will be unsealed before 2111?
His will was sealed for 90 years when he died, and the Guardian's appeal failed.
Can someone else do a different appeal and get it unsealed?
Is there any way it will be unsealed before the 90 years is ...
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Single shareholder, single director corporation - How to divide assets in a will?
To the point: I'm the sole shareholder and director of a holdings corporation in British Columbia, Canada. It was funded with $3mm in cash. That cash is held by a national bank, and is then used to ...
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If I am part of a family trust but was under age can my grandmother or mother settle in court for a lump sum of money and have me taken off the will
My great grandfather left a family trust; my grandmother says she sold my portion in court to the trustee while I was under age. Is that legal? I am from California, U.S.A
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Does a power of attorney automatically become executor of an estate, if the deceased in question has no written will?
Person D, unfortunately, is deceased, and does not leave a written will, nor any particular indication as to who should be executor of their estate.
Before the death of D, person A is provided with ...
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To what extent can a testator keep their will secret until the day comes?
Bob wants as few people as possible to know the contents of his last will. Especially he doesn't want the heirs to know it until the day comes, as well as those who would assume that they would be the ...
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Inheritance after name change
Alice creates a will that names her child, Bob, as a beneficiary. Some time later, Bob legally changes their name to Bernice.
Assuming the will is not updated, will Bernice still inherit their share ...
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What happens when a will conflicts with a new law (a law made after the testator has died)?
What happens when a will conflicts with a new law (a law made after the testator has died)?
Suppose I have been bequeathed the family farm and the testator specified that the farm must be run in ...
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Can a testator exercise testamentary freedom using a choice of law clause?
In British Columbia, some testators left little for some of their independent adult children, while leaving most of their assets to their other children. In many of those cases, the courts granted the ...
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UK - Can an executor evict a mentally ill family member engaging in elder abuse?
What are possible options does an executor havve to evict an abusive daughter currently abusing her elderly (possibly senile) mother?
Suppose that these key facts are true:
The daughter has a history ...
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Spanish Will Office?
Imagine somebody writes a will in Spain, and later on dies. For some reason, this has not been posted, nor was the beneficiary notified through any other means.
Is there a central government office, ...
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Is a will provision naming "my wife" as a beneficiary before marriage valid?
In the novel A Colorful Death by Carola Dunn, a man, Dr Fenwick, becomes engaged to a woman, Stella Warren.He makes a new will leaving all his property (except for a few small specified bequests) to &...
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When an American citizen dies in Mexico without a will, which countries' probate law applies?
When an adult American citizen dies while vacationing in Mexico with no will but assets in both Mexico and the US, which countries' probate law applies?
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Uk law: appoint decision maker for child after death
My partner and I are looking into options for appointing her sister as the primary decision maker in the unlikely event that we both die while our son is still young.
We feel her sister would be the ...
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How can I require my heirs to spend the night in a haunted mansion to receive their inheritance from me?
I wouldn't want my fortune to fall into the hands of a cowardly heir who is too intimidated by ghosts.
How can I add a contingency in my will to force them to spend the weekend locked in my Victorian ...
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Would this person be a valid executor of estate?
If a person leaves in his will a substantial portion of his funds to the administration of a religion, can he still designate a member of that religion to be the executor of the estate?
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Distribution of estate reserve funds after initial settlement?
In November of 2020 a dispersement was made to all receiving parties of the estate. Additional monies were held as "reserve". How long must the executor hold onto these funds? Is there a ...
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Is a will invalid in Canada if you don't have two witnesses that saw you write the will in person and sign your will?
Is a will invalid in Canada if you don't have two witnesses that saw you write the will in person and sign your will? I am not sure if I understand the law, but it seems like you're forced to print ...
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Does your will cover money held outside of the country?
Does your will cover money held outside of the country? Let's say you are American, you die and you wrote a will in the United States, but you don't have wills outside of the American jurisdiction, ...
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Enforceability of contracts that call for provisions in a will
If Alice and Bob enter into a contract that calls for Bob to put a provision in his will that benefits Alice, and Bob does not put in the provision, would the courts likely uphold the contract after ...
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What to Do About an Executor Lawyer Who Gives No Sign of Closing an Estate
I am trying to ascertain how long it should take a lawyer to close someone's estate. I know that each situation is different, but let me provide you with some general details:
A Rhode Island woman who ...
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What are the intestate succession rules for intellectual estate (literary works) in India?
My father passed away without a will. He has some unpublished books that I'd like to publish. However as a will does not exist, I am not sure how the copyright or ownership of the intellectual ...
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Can giving all your money to a private company be challenged in court?
Can giving all your money to a private company be challenged in court? I am wondering if such a will can be challenged using the insanity clause, because it seems like it's not something a lot of ...
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How does Ohio handle intestate inheritance of jointly owned property
My best attempt to summarize the situation; Ohio property purchased as JTWROS by A, B, and C. A and B are married. C is adult child of A and B. Unfortunately, A suddenly passes, not leaving a will. ...
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Does a testator have the power to deny challenge?
Jurisdiction: India
Legislation: Hindu Succession Act
Where a will mandates any beneficiary challenging it stands to forfeit certain provisions made for that beneficiary, is the forfeit clause good in ...
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I have Power of Attorney for a single relative - do they need a Last Will and Testament also?
I have a properly notarized Power of Attorney letter for a single relative in Kentucky.
Does that relative also need a Last Will and Testament, or does my PoA cover whatever may need to be done when ...
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Issues with Foreign Executor of American Estate?
A long-divorced parent has two adult children, one residing in same state (Idaho for example), the other living overseas. Parent dies without debts, the only asset is a small home, and they pre-paid ...
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Surrogate Court Petition for Probate NY Notification To Others In WIll
I am in the process of filing papers with the surrogate court for petition of probate. I am just compiling all the needed information and such before I do so. I was told others named in the will need ...
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How to best express dispositions in a will
Suppose that a person (let us refer to the person as T for Testator) wants to leave someone (who we will refer to as B for beneficiary) say $100K in a will, which is well below the value of T's ...
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