59
votes
Elder relative unwilling to change will to reflect current wishes
The executor must follow the will
The executors legal duty is to execute the testator’s intent as detailed in their will.
While I have no doubt that you understand the testators verbal wishes as ...
- 227k
55
votes
Accepted
How can Rupert Murdoch be having a problem changing the beneficiaries of his trust?
The New York Times explains in a December 9, 2024 story that:
A Nevada commissioner ruled resoundingly against Rupert Murdoch’s
attempt to change his family’s trust to consolidate his eldest son
...
- 240k
38
votes
What rights does a dead body have? Can crimes be committed against one?
The dead body does not have rights, but there are laws governing how it may be handled.
California prohibits corpse desecration, which covers anyone who "willfully mutilates, disinters, removes ...
- 61.8k
28
votes
What rights does a dead body have? Can crimes be committed against one?
The answer by bdb484 is correct in all respects, but this answer expands upon it.
The top line conclusion that dead bodies do not have rights and are not legal persons are correct. Dead bodies are ...
- 240k
27
votes
Accepted
Does a squatter's executor have tenant rights after the squatter's death?
There are no squatters
Neither Bob nor Sue are squatters: Bob was there with the owner's permission and Sue was there with Bob's. Adverse possession requires possession that is, well, adverse: against ...
- 227k
23
votes
How can one be compensated for loss caused negligently by someone who dies in the process?
united-states
Dead people can't be charged with crimes.
The estates of dead people can be sued for personal injuries that they caused during their life. The executor of the estate defends the lawsuit. ...
- 240k
22
votes
Elder relative unwilling to change will to reflect current wishes
What can I do, now and/or after the testator is deceased, to make
their wishes occur?
A valid will is controlling. An executor's discretion is ordinarily limited to actions consistent with what the ...
- 240k
18
votes
Is the estate of a deceased person a legal entity?
Good news: it behaves like a legal entity.
An estate is a collection of assets and liabilities that belonged to the deceased. The collection behaves a great deal like an LLC or other legal entity, ...
14
votes
Elder relative unwilling to change will to reflect current wishes
Suggest a joint meeting with their attorney to review the will. As a future executor you can honestly say you want to be sure everything is clear so you do not have to worry about dealing with ...
- 13.3k
14
votes
Elder relative unwilling to change will to reflect current wishes
The will has to be carried out as written, period.
In our culture, it is not well received to tell an older family member they must do something.
So?? You've described 100% of cultures.
Approach the ...
- 1,094
13
votes
Accepted
Can an estate be a beneficiary?
No
Pennsylvania law § 2104 requires:
(10) Requirement that heir survive decedent for five days.--Any person who fails to survive the decedent by five days shall be deemed to have predeceased the ...
- 227k
10
votes
What rights does a dead body have? Can crimes be committed against one?
germany
In Germany (and other countries around it) there is a concept called "Störung der Totenruhe" which kind of translates to disturbing the rest/peace/quiet/dignity of the dead and it is ...
- 865
9
votes
What are the rights of an estate when a tenant dies in a rental unit?
However, he wants a new security deposit and a month's rent for the
time we will use it in March, claiming that the sale process makes us
new tenants.
What are the legal rights and legal ...
- 240k
9
votes
Accepted
Does the term “significant value” in general have an amount associated with it?
It first depends on what state you are dealing with. This expression shows up in standard forms in Georgia, where it is not defined. You can read the associated statutes (Georgia Code, Title 53) ...
- 217k
8
votes
Accepted
Does paying the down payment on your parents' home ensure that you will inherit the home?
If the parents own the house (as shown on the official deed) it will go as they leave it in their wills, or as the local law for intestate inheritance (no will) directs. Who paid all or part of the ...
- 115k
8
votes
Does a squatter's executor have tenant rights after the squatter's death?
The facts of Bob providing consideration (caretaking and minor repairs) and receiving lodging imply a rental relationship. This apparent relationship can be the basis of protections such as against ...
- 6,202
7
votes
Can an estate be a beneficiary?
The default provision is that the uncle has to survive the grandfather for his estate to inherit. A will or trust can have contrary language (sometimes requiring survival by 120 hours to 6 months) but ...
- 240k
7
votes
Can an estate be a beneficiary?
Possibly, but probably not in this case
It is possible to make an estate the beneficiary of a life insurance policy or an annuity. For example, it is common to have the decadent's own estate to be a ...
- 115k
7
votes
Accepted
Does this require probate?
Bob's will leaves everything to Abby. Bob has a brokerage account
solely in his name with no TOD on the account. Bob then dies. It is my
understanding that for Abby to get the money, you have to go ...
- 240k
7
votes
Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?
Why did the neighbors rather than the beneficiaries object to the
property destruction in Eyerman v. Mercantile Trust Co.?
Short Answer
The neighbors were allowed to sue because they benefitted from ...
- 240k
7
votes
Accepted
What does the following mean in my dad's UK will?
It means that any property that is left over after, all other distributions called for in the will have been made, go into the THE [name of trust] FAMILY PROBATE TRUST.
- 240k
7
votes
How can one be compensated for loss caused negligently by someone who dies in the process?
australia
The lifetime care needs of anyone injured in a motor vehicle accident are covered by the state or territory compulsory third-party personal injury policy, commonly called a green slip, ...
- 227k
6
votes
Accepted
In Washington state, what can beneficiaries of a will do if the executor does not notify them?
What would be the best course of action now? It has been six months
with no communication from him or his estate lawyer, and no will has
been filed with the court. Since it's not entering probate, ...
- 240k
6
votes
Can a will be written this way?
That all seems perfectly legal, enforceable and, providing everyone had been given legal advice and agreed to it, would not breach a lawyer’s code of ethics.
Of course, my response to a child of mine ...
- 227k
6
votes
Does the term “significant value” in general have an amount associated with it?
It’s what a reasonable person in the position of the parties would consider “significant”
The reasonable person test is well established in common law and under it, an item will be of significant ...
- 227k
6
votes
Is the estate of a deceased person a legal entity?
A substantial wall of case law notwithstanding, according to the IRS, "An Estate is a legal entity created as a result of a person's death". So it depends in part on who you ask.
- 217k
6
votes
Accepted
How an estate Trust works
Question 1. In the trust that goes solely to my brother, in the event
either my mother or father are dead, how is that asset split up? Can a
trust dictate how an asset if split up if I am not on the ...
- 240k
6
votes
Accepted
Probate vs Non-Probate Assets for Wills
I believe non-probate assets are specific gifts you call out -- in the
Will -- that are designated for specific beneficiaries. Little Jimmy
gets the old pair of lucky Yankees socks, Little Suzie gets ...
- 240k
6
votes
Accepted
Could cryonics "resurrections" be enforced?
What could legally compel them to?
Nothing.
Whoever decides to spend part of their estate on feeding cryonics companies, can only count on his/her living associates/successors to see to the body ...
- 28.2k
Only top scored, non community-wiki answers of a minimum length are eligible