Will Law
Wills allow individuals to decide who gets what portion of their estate, as well as naming a guardian for their children and an executor. However, a will can be invalidated if the creation of the will is not properly and legally executed.
Do I Have to Leave Assets to My Spouse in My Will?Marriage creates certain legal duties and responsibilities between parties that would not otherwise exist without the benefit of marriage. One such right includes the right to inherit from a deceased spouse. Some spouses may specifically write out their spouse in their will. However, this may not be an effective way to disinherit a spouse. What the surviving spouse is entitled to depends on state law, where the property is located and whether any valid agreements exist between the parties.
Read more- Do You Need a Will if You Don't Have an Estate?
People often think of the word as “estate” as only applying if they own a large home. Having a will protects a person’s personal property in several ways. It also provides other benefits.
Read more - Electronic Wills - Are They Legal?
Electronic wills are those that exist only in the electronic world through a signed form that is stored in some electronic device with a signature that is digital rather than physical. Many states are not willing to trust these forms of wills because of the inherent possibility of fraud and forgery with something easily changed by anyone with access.
Read more - Does a Will Have to Be Witnessed?
Wills allow individuals to avoid the state’s rules about who gets what portion of a decedent’s estate. They also allow individuals to name their executors, name a guardian for their children and bequeath specific items to certain individuals. However, if a will is not properly executed, the will can be invalidated and the rules of intestacy (dying without a will) can apply.
Read more - Problems Posed by Drafting Your Own Will
Many people are influenced into drafting their own wills. They may want to save money by not hiring a lawyer. They may want to maintain privacy and think the best way to do it is to write their own will. They may pick up a do it yourself kit at an office supply store and feel they are competent to prepare a will.
Read more - Problems with Using Fill in the Blank Wills
Some office supply stores and websites offer inexpensive fill-in-the-blank wills that seem like an affordable alternative to having to pay an estate planning lawyer. However, these generic documents are often not a suitable do-it-yourself alternative. Failing to hire an estate planning lawyer can result in disastrous consequences.
Read more - What Are the Requirements of a Valid Will?
In order for a will to be valid, it must comply with certain legal formalities. There are dire consequences of a will not following these formalities, including the decedent’s estate being distributed according to the rules of intestacy and the will being completely ignored. While the legal requirements vary by state, here are some guidelines that many states have regarding the creation of a valid will.
Read more - When is an Oral Will Valid?
In most cases, it is recommended that a will be put in writing. This creates more credibility and indicates more clearly how the testator’s wishes should be carried out. However, in some situations an oral will may be created and enforced.
Read more - What Happens to Property if There is No Will?
If you have lost a loved one, there are many things on your mind, not the least of which may be what to do with the belongings that have been left behind. Sadly, family can become very attached to different items that may bear a sentimental value to them, or feel entitled to a portion of the estate's value. These problems can be greatly magnified in situations where there is no will.
Read more - What New Parents Need to Know about Wills
Every parent should have an understanding of how will work and why one is necessary. Unfortunately, over half of all United States citizens have no will or any preparation for the next generation of heirs, and this could leave state processes passing on assets.
Read more - How to Modify a Will
A will is an important estate planning document that instructs an executor about how to dispose of the property a person owns at the time of his or her passing. Many people have a will executed on their behalf to ensure that their wishes are carried out. However, there may become a time when a will needs to be modified.
Read more - Creating a Living Will
Creating a living will can help bring peace of mind for you and your loved ones. It explains in writing what kind of medical care you want and when you want those efforts to cease during an event where you cannot speak for yourself. This can help to prevent disputes among family members, prevent unnecessary legal battles, and preserve your estate for the benefit of your beneficiaries (rather than spending it on your medical treatment).
Read more - Cost-Effective Probate Alternatives When a Person Dies Without a Will
If your loved one passed away without a will, Texas law provides several options for settling the affairs of his or her estate. This article explains several of these options.
Read more - Disinheriting Children in a Last Will and Testament
A last will and testament allows a person to specifically designate individuals whom should receive his or her property. By having a will, the testator can avoid the default rules of the state that determine how much percentage of his or her property different relatives will receive. In this way, the testator can also choose to disinherit an heir.
Read more - Holographic Wills: Pros and Cons
Having a will helps prevent a testator’s estate from passing through the laws of intestacy. However, if the will is not executed properly, these rules can apply if the will is considered invalid or does not completely dispose of all property under the will.
Read more - How to Contest a Will or Trust
A will is considered the final words of an individual and as such, it is given much consideration by the court. Trusts are created during the lifetime of the settlor. If a person believes that a will or trust does not reflect the desires of the testator or grantor, he or she may choose to contest the will or trust.
Read more - Why Is It Important to Have a Will?
It is important that each person have a will that directs their family members and loved ones on how they want their final wishes to be carried out (i.e., burial, cremation, etc.), as well as how they want their estate to be divided after their death.
Read more - How to Tell If a Will Was Revoked or Replaced?
A will has no expiration date but a will can be revoked or updated. Knowing if there were different versions that replaced an older one or if the will was at some point revoked is important to the beneficiaries and heirs. Finding a valid and binding will even years after another was in its place executed could revoke certain provisions and lead to different circumstances.
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