54
votes
Accepted
How to protect assets from being passed to a beneficiary in a will when they are likely to die soon also
Wills typically handle this by specifying a survivorship period. Such a clause may say, in effect, "I leave all my assets to my spouse, provided they survive me by at least 30 days, and otherwise to ...
- 28.6k
39
votes
Release my children from my debts at the time of my death
united-states
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.
You should hire an attorney for a few ...
- 186k
35
votes
What happens when a will conflicts with a new law (a law made after the testator has died)?
The will is overridden by the new law. Suppose the owner had not died: then he would have to comply with the change in the law. When a person inherits property, they gain the right to that property ...
- 206k
25
votes
What happens when a will conflicts with a new law (a law made after the testator has died)?
When there is "dead hand" control of something, the people living in the present have to comply with the law (although some land use regulations and some tax treatments are indeed ...
- 186k
24
votes
Release my children from my debts at the time of my death
Not possible in germany
To not inherit a debt in Germany, the heir has to declare to the state that they don't want to inherit this inheritance. This also excludes them from inheriting anything else ...
- 31.4k
22
votes
Accepted
Which grandchild is older, if one was born chronologically earlier but on a later calendar date due to timezones?
As you have stated, Alice was born two hours prior to Bob. In a will, "eldest" or "oldest" typically is equated with "first-born" (see Daniel N. Mattarlin, "A Simple ...
- 36.5k
18
votes
Accepted
What happens to debts when someone dies?
In Civil law jurisdictions, the heir of a deceased person will generally inherit all the possessions, rights and obligations - this may include debts.
So if a borrower passes away, the lender will ...
- 7,323
16
votes
Accepted
When an American citizen dies in Mexico without a will, which countries' probate law applies?
The default choice of law rule is that intestate succession is governed by the law of the place of domicile of the decedent at death (i.e. by the law of the state where someone resides in the U.S. in ...
- 186k
14
votes
What options are there for executor when no close family member is available?
Often one chooses your accountant, your financial advisor, or your lawyer. Another option is to appoint the trust department of a bank.
I personally, as a lawyer, have a policy of not consenting to do ...
- 186k
13
votes
Accepted
Meaning of 'Gift of Residue' section of a will
What does this paragraph mean? Line by line.
I give my Residuary Estate
This is a gift, effective when the person writing the Will dies, of everything that is left over after all debts and taxes are ...
- 186k
12
votes
Accepted
Are holographic wills really routinely thrown out by probate courts?
The page "States Where Holographic Wills Are Legal" from legal zoom lists some 26 united-states states in which holographic wills are valid, plus 9 more that will recognize such wills when ...
- 112k
12
votes
Release my children from my debts at the time of my death
In the united-states this happens automatically.
Heirs are not responsible for the "debts of the father", unless they willingly co-signed or something really weird is going on. They just ...
11
votes
Accepted
Can wills contain conditions?
You can put conditions on bequests (subject to other laws that might require you to provide for children etc.), however, these must be antecedent to the gift: once a gift is given you can't call it ...
- 192k
11
votes
Children and grandchildren must be explicitly disinherited in wills?
Yes that seems to be the case. The section after the one you quoted, 551:11 Share of Unnamed Child says:
If the property not devised nor bequeathed shall be insufficient to satisfy the just share of ...
- 112k
11
votes
Release my children from my debts at the time of my death
The heirs must use the proper way in spain.
As in (almost?) everywhere else, debts are part of the estate and your heirs cannot accept your assets without accepting your debts.
But they can accept the ...
- 5,533
9
votes
Does my will need to be in legalese?
Legalese is not required
You can and should write a will in plain English. However, you need to ensure that your simple wishes can:
Actually be understood,
Actually be implemented,
Don't have ...
- 192k
8
votes
Accepted
Can I leave my girlfriend/wife to someone in my will?
If a line in your will bequeaths something that you don't have the power to give (e.g. you bequeath something that you don't own at the time of your death), that line has no legal effect. If I died ...
- 4,786
8
votes
Destroying a will and ganging up with relatives not included in that will
Exactly the same thing that stops the same rogue lawyer from putting on a mask and robbing a bank. One is the crime of fraud and the other the crime of armed robbery but they are both crimes.
People ...
- 192k
8
votes
Is a will provision naming "my wife" as a beneficiary before marriage valid?
united-states
Under U.S. law, the primary consideration then and now, in the interpretation of Wills is the intent of the testator (i.e. the person who drafted the Will who is now the decedent).
I ...
- 186k
8
votes
Is a will provision naming "my wife" as a beneficiary before marriage valid?
england-and-wales
If the testator had simply written "my wife" then the bequest would likely fail, because he had no wife at the time of his death. If he had written just "Stella ...
- 766
7
votes
What happens to debts when someone dies?
In common law jurisdictions, you generally cannot inherent a debt.
Details vary by jurisdiction, I will use NSW, Australia as an example:
Initial ownership on death
Liabilities
Any joint liabilities (...
- 192k
7
votes
Accepted
Can bones be willed to a family member after death?
It would be more common to leave a separate direction regarding the disposition of your body in a document other than your will, entrusted with your next of kin. This is because a dead person's body ...
- 186k
7
votes
Accepted
Can I release all my copyrighted works into the public domain upon my death?
Under US copyright law, all works are protected by copyright except for US Government works. The concept of "public domain" is not legally well-defined, and is used colloquially to refer to government ...
- 206k
7
votes
Accepted
Protecting myself against my future self
In general, no, if you make a will then you can revoke that will while ever you are still legally competent.
Also, in general, this is a good thing. For your first example, you are ruling out all ...
- 192k
7
votes
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?
Nothing. Allowing other people to legally change someone's will defeats the purpose of a will: To express the writer's last ...
- 8,368
7
votes
How complex can a will or testament be?
A Last Will and Testament can be very complex. The longest and most complex one that I have drafted runs to about eighty pages. I've seen some in probate proceedings that run to about 120 pages, with ...
- 186k
7
votes
What options are there for executor when no close family member is available?
england-and-wales
Age UK, a British charity that supports people who are elderly, have this to say on the subject:
If you don’t have anyone that you feel would be suitable, or your family and friends ...
- 3,926
6
votes
Does my will need to be in legalese?
Can anyone point towards specific cases where someone with a similar
will has run into major problems because they wrote a simple will
instead of the complex legalese one?
Like every case in ...
- 8,626
6
votes
What are the downsides of using a service like LegalZoom for simple will / living will?
Living Wills
A "living will" which is a "pull the plug" document that isn't customized to an individual's preferences (probably 95%+ done by lawyers are not customized anyway) through a service like ...
- 186k
6
votes
Accepted
Can I waive the "slayer statute" in my will?
No. This is not a provision that the testator or testatrix (i.e. the person writing a will) may waive in advance.
But, the slayer statute does not get invoked unless an interested person invokes it ...
- 186k
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