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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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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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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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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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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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 ...
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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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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 ...
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Can wills contain conditions?
Can wills contain conditions which must be fulfilled in order for certain clauses to have effect? For example:
Uncle Fred wants his house to go to his niece, on the condition that the niece agree not ...
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Is an English will valid if the testator dies while living in Scotland?
If a testator makes a will while living in England, to what extent will it be valid if the testator—
permanently moves to Scotland, and
subsequently dies there without making a further will?
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Should I get a PO box for a will / transfer on death deed?
I'm to be a beneficiary on a will for my father and I was asked for my address. The address I provided is in an apartment complex. Maybe I'll be in that same apartment complex when my father passes or ...
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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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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
...
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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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Are holographic wills really routinely thrown out by probate courts?
A lot of states do not permit holographic wills and specifically state in their laws that an unwitnessed will is invalid.
This seems like a cruel provision to me. So, if a person writes out in their ...
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In the case that multiple wills with conflicting terms are left, which one prevails?
Suppose I die and, on the day before, I have signed two wills with conflicting terms.
If, for some reason, it is not possible to determine which of these was signed first, which terms will prevail? ...
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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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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-...
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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 ...
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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 ...
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Choosing Which 20% to Inherit
A relative has recently passed away in Spain. I live in the UK.
They have left me 20% of their estate, my brother will receive 80%. I'm expecting this might be 20% of cash and some items such as a ...
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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.
...
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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 ...
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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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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 ...
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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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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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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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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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Why would a person choose to amend their will via a codicil rather than create a new one?
According to Wikipedia, a codicil is as follows:
In the United States, a codicil is a document that changes an existing will. Amendments made by a codicil may alter, explain, add to, subtract from, ...
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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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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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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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Destroying a will and ganging up with relatives not included in that will
I've seen and read about lots of relatives of deceased wealthy individuals disputing the dead person's will and I've always been curious about this:
Suppose I'm a lawyer (who I'm not) and I'm ...
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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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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 ...
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How complex can a will or testament be?
How many resources will be expended to execute it? Is this process self-funding?
Say, if it prescribes that assets should be disseminated only upon a condition, possibly many years in the future, can ...
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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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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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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 ...
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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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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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How can one access a deceased parent's assets?
My mother passed away two months ago. I lived with her, because she had medical conditions, for pretty much my entire life.
I recently found out she and my father never divorced. She and he had been ...
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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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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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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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Can a public copyright license take effect upon the author's death?
If I understand correctly, it is possible to release copyrighted works under a public license (such as an open-source software license) upon one's death by stating this in a will. Can it be done ...
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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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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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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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