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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 ...
Dale M's user avatar
  • 211k
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 ...
bdb484's user avatar
  • 60.4k
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 ...
ohwilleke's user avatar
  • 218k
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 ...
Dale M's user avatar
  • 211k
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 ...
ohwilleke's user avatar
  • 218k
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, ...
Harper - Reinstate Monica's user avatar
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 ...
George White's user avatar
  • 12.8k
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 ...
MonkeyZeus's user avatar
  • 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 ...
Dale M's user avatar
  • 211k
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 ...
Yanick Salzmann's user avatar
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 ...
ohwilleke's user avatar
  • 218k
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) ...
user6726's user avatar
  • 215k
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 ...
David Siegel's user avatar
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 ...
Acccumulation's user avatar
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 ...
ohwilleke's user avatar
  • 218k
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 ...
David Siegel's user avatar
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 ...
ohwilleke's user avatar
  • 218k
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 ...
ohwilleke's user avatar
  • 218k
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.
ohwilleke's user avatar
  • 218k
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 ...
Dale M's user avatar
  • 211k
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 ...
Dale M's user avatar
  • 211k
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.
user6726's user avatar
  • 215k
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 ...
ohwilleke's user avatar
  • 218k
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 ...
ohwilleke's user avatar
  • 218k
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 ...
Greendrake's user avatar
  • 27.6k
5 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, ...
ohwilleke's user avatar
  • 218k
5 votes

Does a deed supercede a will when a house is transferred to one sibling?

A deed executed during life trumps a will. The other siblings would have to argue: Your mom did not have the capacity to execute the deed (which is a very low standard in terms of her capacity). The ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

Legal workarounds for testamentary trust perceived as unfair

There is no requirement that a will, or a trust created by a will, be "fair". The will could have left $500,000 in trust for one set of siblings, and $5,000 to another set. It could specifically ...
David Siegel's user avatar
5 votes
Accepted

How can I liquidate alcohol as part of an estate in the US?

With forms AT-108 and AT-900 the license may be transferred to the personal representative and then the entire stock can be liquidated to any other license holding establishment. Licenses may be ...
Kenny Bilko's user avatar

Only top scored, non community-wiki answers of a minimum length are eligible