Wills Questions
192 Question and Answer Results
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Does my girlfriend need her dad's permission to receive property left to her in her grandfather's will?
Your girlfriend's grandfather might have been trying to be crafty from the grave by imposing this requirement of cooperation. But how and whether that will work depends on the exact wording of the will.If the will simply left the entire estate to your girlfriend AND her father, the law will imply that the two of them should divide the property equally... -
Can I add codicil to will without a lawyer present?
No law requires that you hire a lawyer to prepare or to be present when you make a will or codicil. The laws controlling how to make a valid codicil vary from state-to-state. In most states, however, you must sign and date it. And at least two people, neither of whom are entitled to take property under... -
Can my stepfather keep us from seeing Mom and getting her will?
In a weird way, your mother’s fall might have offered you an opportunity. Now that she’s safely ensconced in a facility while mending, her husband no longer controls who comes to see her and when. So you and your brothers may now be able to reestablish some relationship with her, even if she sometimetimes may seem addled or forgetful... -
Do you need a will if you don't have any assets?
I doubt if your grandmother needs a will. As you grandmother has no assets, aside from funds in her joint account with her daughter (your mother), what purpose would a will serve? The cautious, conventional lawyer's response would be—of course she needs a will; everyone does. I disagree with this coconventional wisdom... -
We lost our will from 25 years ago. What can we do?
You have lost your will, which you made twenty-five years ago.It is unlikely—I'd say highly unlikely—that your will would have been filed in your local (county) courthouse. Normally, wills are not filed with any government agency after they have been prepared. Wills are generally filed only after thr the will writer dies, as part of a probate proceeding... -
How do I get my siglings to waive ownership of our deceased father's cars?
Sorry, I cannot answer your question. What forms you need—if any exist—are matters of Ohio law. Every state has its own laws and rules controlling cars registered in that state. I practice law in California. While I am familiar with general rules and methods of estate planning, which are similar is ... -
If my name is in a will, do I get a copy fo the will?
I’m assuming your brother is named executor of the will—responsible for rounding up the property owned at death and distributing it as a will specifies. And I’m assuming you have been named as a beneficiary—entitled to take some of the property left at death. -
What documents do I need to sell my deceased mother's home if she didn't will it to me?
I can't give you definite answers from the information you provided, but I can give you some suggestions of how to proceed. You are trying to sell your mother's home, without her leaving a will. -
Is there any way I can find out what was on my father's will?
You are in a difficult position. You want to know your right's under a will, or if a will of your father even exists. But your father's wife won't talk with you. -
Is there a cost for lawyers to execute a will?
There is no universal answer here. Every state has its own rules on what must be done in a will and in what instances a probate court process is required. You will need to look at the rules of your particular state and your particular situation - either by doing research in your local law library or speaking with a local estate lawyer... -
Will I need to pay taxes on the sale of the home that was willed to me?
The original cost basis of the home is the price the owner paid for it. If you inherit the home, you receive a “step-up in basis”. This means the cost basis of the home to you is its fair market value at the date of death. For example, if the home was originally bought for $20,000, that is its cost ost basis... -
How do you pick the executor of a will?
Choosing an executor is an intensely personal decision, guided best by your instincts and personal relationships. That written, however, there are a few commonsense guidelines you might want to consider. -
What are the consequences for giving all of the deceased personal things to charity?
We can't answer your question because we don't know what the will actually said. If it allowed the executor to dispose of the personal effects however they saw fit, then the successor executor (who I assume is person C) would be within his or her legal rights to give them away to charity... -
How Can I Find a Will That Has Disappeared Now That the Person Who Made It Has Died?
If you have access to the will maker's living space and property, the first sensible step is to look in the obvious places: desk drawers, file cabinets, closets. You'll generally be able to identify the will once you see it; most are stapled onto a distinctive colored cardboard backing and are clearly... -
What is the specific wording to use when excluding children from will?
You are legally free to disinherit children if you want to do so. But as you seem to have sensed, it is best to add specific language to your will that removes all doubt about your intentions. That's because there's a legal rule that holds that if you forgot to mention a child in your will, that child may be entitled to a certain percentage of your estate... -
How do we pay off my late father's debts?
While your father’s debts live on without him, the banks and lawyers cannot get paid from assets that don’t exist. The standard process is to notify all of the known or potential creditors and then state law sets out an order in which they should get paid.Often official “notice” to these creditors oditors occurs through a probate court proceeding... -
How long does probate take?
Unfortunately, there's little you can do, except ask your cousin what's taking so long. She may not know. It's the probate lawyer and court who really determine how long the case takes. Often that's a long time, many month, or even many years. -
Can our adult children be excluded from my ex-husband's will?
Whether your children are entitled to any property from your ex-husband's estate (property) depends on whether he has excluded them from his will or not. A parent can legally disinherit a child or children from inheriting any property from his or her estate... -
When does power of attorney end without a will?
The power of a power of attorney ends when the person for whom it was made dies—and that is true whether or not that person also made a will. -
One executor didn't fulfill the wishes in the will - am I responsible as the co-executor for that financial consequence?
I can't determine exactly what happened here from what you wrote. Were two checks written? Did both executors sign one check? Why the check that the good "other" executor signed never get to the father of the children?
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