What happens if someone dies and his will is missing?
Missing wills raise all sorts of interesting legal issues which often turn on the specific facts and circumstances, and the law of the state in which the deceased resided.
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Missing wills raise all sorts of interesting legal issues which often turn on the specific facts and circumstances, and the law of the state in which the deceased resided.
→ Read MoreWhen there is no will, the probate court appoints an administrator or executor (also called personal representative) to inventory assets, pay bills, and generally manage the estate.
→ Read MoreA power of appointment gives the executor of the will the power to distribute property according to the executor’s discretion among named beneficiaries, rather than according to any predetermined plan. This allows extra flexibility so that the executor of the will can make distributions based on need of each individual recipient under the will.
→ Read MoreMany young adults avoid writing a will because they mistakenly believe they are not old enough or wealthy enough to need one. But at any age, if you die without a will, the distribution of your property, no matter how meager, will be decided by a probate court and the final outcome may not be what you would have wanted.
→ Read MoreIf someone dies without leaving a valid will, the person is said to have died intestate – that’s legalese for without a will – the property she held in her own name as his or her own separate property passes to the person or persons specified in the laws of the deceased’s state of residence, after any bills and taxes are taken care of.
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