Law Stack Exchange
Law Stack Exchange

Questions tagged [wills]

A will or testament is a legal document by which a person expresses their wishes as to how their property is to be distributed at death.

A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution to the beneficiaries.

183 questions
35
votes
1 answer

How to protect assets from being passed to a beneficiary in a will when they are likely to die soon also

I'm going through the process of creating a simple (my first) last will and testament. I'm young with modest assets. I'm married with no children and live in the United States. I'd like to have something in place to make things as seamless as…
jdf
  • 472
  • 4
  • 10
19
votes
2 answers

Which grandchild is older, if one was born chronologically earlier but on a later calendar date due to timezones?

In his will, Charlie bequeaths his estate to his "oldest living grandchild." Upon Charlie's death, his two oldest living grandchildren are Bob and Alice. Bob was born in Vancouver, British Columbia on March 7th at 11 p.m. local time. Alice was born…
FlanMan
  • 1,103
  • 2
  • 10
  • 19
16
votes
3 answers

What happens when a will conflicts with a new law (a law made after the testator has died)?

What happens when a will conflicts with a new law (a law made after the testator has died)? Suppose I have been bequeathed the family farm and the testator specified that the farm must be run in accordance with how it was traditionally run (this is…
Natasha
  • 161
  • 1
  • 3
13
votes
2 answers

What options are there for executor when no close family member is available?

What alternatives exist for finding and appointing an executor for one's will/estate for a person with no close family or qualified friend? Are there pros and cons?
AA040371
  • 231
  • 1
  • 6
12
votes
2 answers

What happens to debts when someone dies?

How are debts and loans recovered by the lenders after a borrower passes away? A debt can be as small as 100 bucks for the credit card bill. It can be as big as millions of bucks for mortgage (or other fat) loans. Are the relatives or heirs of the…
Ravindra S
  • 223
  • 1
  • 7
10
votes
1 answer

Meaning of 'Gift of Residue' section of a will

This section is in a family member's will: Gift of Residue I give my Residuary Estate to the said [Full Name] absolutely and if [Name] shall fail to obtain a vested interest leaving issue who survive me then such issue shall take by substitution…
Elliveny
  • 203
  • 2
  • 5
9
votes
1 answer

Can wills contain conditions?

Can wills contain conditions which must be fulfilled in order for certain clauses to have effect? For example: Uncle Fred wants his house to go to his niece, on the condition that the niece agree not to shack up there out of wedlock. What if,…
Patrick87
  • 4,330
  • 20
  • 30
9
votes
2 answers

Can bones be willed to a family member after death?

Suppose I wish to leave some or all of my bones to a loved one after my demise (properly cleaned and bleached), or have a loved one leave me bones, is that something I am able to legally do (assuming I or my loved ones are interested in receiving…
J.M.Edward
  • 93
  • 1
  • 1
  • 3
9
votes
2 answers

Is an English will valid if the testator dies while living in Scotland?

If a testator makes a will while living in England, to what extent will it be valid if the testator— permanently moves to Scotland, and subsequently dies there without making a further will?
Flup
  • 3,064
  • 1
  • 23
  • 38
7
votes
1 answer

Should I get a PO box for a will / transfer on death deed?

I'm to be a beneficiary on a will for my father and I was asked for my address. The address I provided is in an apartment complex. Maybe I'll be in that same apartment complex when my father passes or maybe I won't be but given the uncertainty as to…
neubert
  • 545
  • 1
  • 5
  • 11
7
votes
2 answers

Is a will provision naming "my wife" as a beneficiary before marriage valid?

In the novel A Colorful Death by Carola Dunn, a man, Dr Fenwick, becomes engaged to a woman, Stella Warren.He makes a new will leaving all his property (except for a few small specified bequests) to "my wife, Sella Fenwick". But he dies before the…
David Siegel
  • 115,406
  • 10
  • 215
  • 408
7
votes
1 answer

Are holographic wills really routinely thrown out by probate courts?

A lot of states do not permit holographic wills and specifically state in their laws that an unwitnessed will is invalid. This seems like a cruel provision to me. So, if a person writes out in their own handwriting a proper will which is signed and…
Cicero
  • 7,354
  • 5
  • 37
  • 60
7
votes
2 answers

Children and grandchildren must be explicitly disinherited in wills?

I was reading the following clause in the NH Wills Act: 551:10 Child Not Named, Etc. – Every child born after the decease of the testator, and every child or issue of a child of the deceased not named or referred to in his will, and who is not a…
Cicero
  • 7,354
  • 5
  • 37
  • 60
6
votes
8 answers

Release my children from my debts at the time of my death

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.
Artemus hutchens
  • 83
  • 1
  • 1
  • 3
6
votes
1 answer

In the case that multiple wills with conflicting terms are left, which one prevails?

Suppose I die and, on the day before, I have signed two wills with conflicting terms. If, for some reason, it is not possible to determine which of these was signed first, which terms will prevail? How is this decided?
jimsug
  • 12,380
  • 6
  • 46
  • 82
1
2 3
…
12 13