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.
20
questions
3
votes
3
answers
3k
views
Who is responsible for the disposal of a body when there are no directives in the deceased's will?
If someone dies with a will, but does not mention their body or how to dispose of it, who decides what happens? Or, let's say a parent has two children and dies leaving no will; which of the siblings ...
- 660
7
votes
2
answers
3k
views
Children and grandchildren must be explicitly disinherited in wills?
I was reading the following clause in the NH Wills Act:
551:10 Child Not Named, Etc. – Every child born after the decease of
the testator, and every child or issue of a child of the deceased not
...
- 6,848
5
votes
1
answer
169
views
How does one value an estate before being able to access details?
Question arising out of this answer.
In the UK, one needs to value the money, property, and possessions of someone who died, before one can apply to represent the estate for official dealings.
...
- 4,838
0
votes
2
answers
81
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 ...
- 109
36
votes
1
answer
8k
views
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 ...
- 472
11
votes
2
answers
1k
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 ...
- 213
7
votes
2
answers
319
views
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 &...
- 113k
5
votes
2
answers
1k
views
Can I waive the "slayer statute" in my will?
In most jurisdictions, a killer cannot profit from their crime, i.e. if someone kills someone else, they cannot inherit from them.
If I create a will, can I specifically ignore the slayer rule? Can I ...
- 3,568
5
votes
1
answer
567
views
Is it possible to exclude individuals as guardians?
I know that I can name specific individuals as guardians of my children in my will.
Is it possible to exclude specific individuals (who'd normally be considered as possibilities since they are close ...
- 215
4
votes
4
answers
427
views
Does my will need to be in legalese?
My wife and I are planning to write a will, or have one written for us. To me, it seems very simple. Our wishes are:
If either my wife or I dies, the other one gets everything.
If we both die before ...
- 171
4
votes
1
answer
569
views
Can I leave my girlfriend/wife to someone in my will?
Obviously this would never work here in the UK and would certainly be illegal in some way. However out of curiosity I would like to know specifically what the legal implications would be, or what ...
- 113
4
votes
1
answer
693
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 ...
- 4,304
3
votes
2
answers
363
views
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 ...
3
votes
1
answer
2k
views
Can terms of a will be legally kept secret before filed in court?
Let's say a father has two sons and he creates a will. He leaves something to son A and something else to son B. He doesn't want either of the sons to know the amount the other gets.
And let's assume ...
- 191
2
votes
1
answer
122
views
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 ...
2
votes
0
answers
120
views
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 ...
- 1,917
1
vote
1
answer
1k
views
Proving relationship to deceased
My brother in law died recently, we had very little interaction with him in the past 4 year. He himself was a guy from countryside Lithuania and not a very technology educated. He lived for past four ...
- 436
1
vote
2
answers
220
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.
- 338
0
votes
1
answer
134
views
Court appoints executor; the will found in safe box names a different executor (USA)
Someone dies and their will cannot be found. Two people petition the court to be the executor. They do not get along and do not want to be co-executors.
The court appoints one of them to be the ...
- 167
0
votes
2
answers
1k
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?
