Disclaiming Inheritances
When someone'disclaims' an inheritance, they refuse to accept all or part of it, whether it is money, real or personal property....
Wills
What effect does moving to a different state have on a will?
What effect does moving to a different state have on a will?...
No-Contest Clause: Why Have One?
In an effort to ensure their wishes are met and avoid disputes among family members a person may include what is called a no contest clause in a will or living trust document. The no contest clause is...
Deeding a Home to Your Kids
Putting a child's name on the deed in any manner' by transferring the home to the child outright or making the child a co-owner (whether as a'tenant-in-common' or a'joint tenant with right of survivor...
If a person was mentally competent upon making a will and then becomes mentally ill, is the will still good?
The relevant question concerning the validity of wills is whether the person was competent at the time the will was made and executed (signed before witnesses). If the person was competent at that tim...
Simple Will
A simple Will provides for the outright distribution of assets for an uncomplicated estate and can be done on an easy form from a stationery store, a book, or from a reputable legal document website....
Planning for Your Disabled Child in Your Will
While routine estate planning can be daunting, planning for the care of your disabled child after you die can be a nightmare, and leaving an inheritance to a disabled child can create more problems th...
Payment of Debts after Death
Administering an estate involves collection of assets, payment of debts and estate taxes, and distributions to the beneficiaries. This article discusses payment of debts by the executor of an estate....
When does a will have to go through probate?
When a person passes away and leaves behind a will, there are certain set procedures and formalities that must be followed in order to legally account for and distribute the estate among beneficiaries...
What if I No Longer Own What I’ve Willed?
Willing either something you no longer own or more property than you own can complicate settlement of your estate, and the rules for dealing with this situation vary widely from state to state....
Joint Will
A joint will is one that two people make together, each leaving all of their property and assets to the other. It also covers the situation when the second person dies. ...
A Will Prepared by an Attorney
A will prepared by an attorney is individually designed and professionally crafted for you....
What does a will usually contain?
While a last will and testament can be as simple as a few sentences stating your intent, there are some traditional provisions that tend to make the probate process smoother and eliminate any ambiguit...
Treatment of Stepchildren and Out-of-Wedlock Children in Your Will
This article discusses the disposition of property in your will when you have stepchildren and out-of-wedlock children....
Out-of-State Real Estate In Your Will
A Will is especially important for those owning property in more than one state. As state laws vary, unless you have a Will, your principal residence in your home state may be divided one way, while ...
What if Your Ex-Spouse Survives You – What Happens in My Will
This article discusses the disposition of property in the event that you are legally separated or divorced but haven't changed your Will and your ex-spouse survives you....
Pour Over Will
A pour-over will is created to'catch' any assets or property that had been left out of a living Trust, either intentionally or inadvertently....
What role does the personal representative play under a will?
What role does the personal representative play under a will?...
Will Contest Statute of Limitations
Statutes of limitations for contesting wills, or time limits for a will contest, depend on when the will was admitted to probate rather than on the date of the individuals death. There are other time ...
Leaving Gifts to Minors in Your Will
Your estate planning will can be used to address two major concerns if you have young children'who will raise them if you die, and who will supervise property you leave for them. The supervision of pr...
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