real property words used instead assets in the will
State/Country relating to question: Hawaii
Hello and thank you for the question. Normally the will would refer to the asset as real property "i bequeath all my real property _______" or alternatively will identify the specific parcels of real property by address, block and lot.
Relist: Incomplete answer.
I think there must be more to your question. I can only see what is posted at the top of the page which says "real property words used instead assets in the will" Is that your question?
attorney used words "real property" to be divided ...instead "Assets" the diseased had no real estateholdings and his wish was to divide his financial assets between several parties.Atoorney made a mistake...what is my recourse?
Is there any way you can give me your original question? Are you just wanting to know wording for the preparation of a will?Attorney241085.9922282407
the will is out of probate and testator died year ago
What did the attorney make a mistake on? All I see is the question at the top of the page that says "real property words used instead assets in the will" and that is not a question. I would like to help you.
'all my real property and all tangible personal assets........to be distributed as follows....
it shout be financial assets instead
and what was the will supposed to say?
Real property passes by a deed and not usually through a will. Attorney241086.0034221065
I still do know what original question was? I cannot be more helpful if I don't the question I need to advise you on. Attorney241086.0043534722
original question..can I contest the will if attorney made a mistake when drafting the will...used the wrong word property instead of assets
Thank you! I would need to you to tell me the language of the will because it could include the real property. There are no words stating anything about personal property? How long ago was the estate settled.
is in the process of being settled....further down it stated " I desire that my proprty be liquidated and the proceeds to be distrubuted as follows...diseased had stocks and bonds but no real estate......
If it had any language regarding personal property it is probably good. But I want to help you. What do you feel you did not receive as a result of the language and I will try to help you from there.
financial assests that were supposed to be divided between 3 different charitable organizations and myself and 2 other individuals....diseased had no real estate to be sold only about 200 000 in stocks and IRA .His wish was to divide the money 6 ways....and this is not happening
Is that what is stated in the will? Who is the executor?
I already said what is stated attorney by mistake stated "real property" instead of "property" or "assets" I dont know the legalise language used to specify financial assets.Atoorney who drafted the will is executor as well
Relist: Inaccurate answer.
Dear Customer: You tried to pose a very complex will construction question using 9 words. We are pretty good, but we are not mind readers. Is the will void because the testator bequeathed his "real"property when he had no real estate. Answer: No, the will is quite valid, but the question is whether personal property can pass under that clause, or by the residuary clause, or by intestacy.
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if in the will tangible property is written instead intangible by mistake what is the recourse ?
your answer was not fast or direct...I am dealing with major blunder made by attorney who drafted the will of my diseased ex husband and used real property and tangible property as assets to be distributed to 6 different parties when the testatoe has no realestate holdings and all his assets are in stocks/bonds etc.What recourse I have to correct this?
Tangible property is not real estate. IMO, if there were two separate clauses in the will, one bequeathing real property and the other tangible personal property, the beneficiaries in the real property clause get nothing. The beneficiaries of the tangible personal property would get everything. Whether this was a blunder by the attorney is not possible to answer without a lot more information. If you are in the "real" property clause and not the personal property clause, and he had no real estate when the will was drafted, your grounds to contest the will might be that he did not know the nature and extent of his property.
30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
I will try to clarify so I can get clear answer....The will is in probate and diseased wish to divide his financial assets between 6 parties is not honored because of the omision....will stated in Article IV " REAL PROPERTY AND TANGIBLE PROPERTY TO BE DIVIDED AS FOLLOWS.... The testator had no real estate holdings and no valuable personal property but had substancial financial assets that will go into disinbursement because of the mistake made by attorney. What can be done to resolve this?
Since the testator had no "real property", the will is ambiguous in that regard. That opens the door for a judge to "rewrite" it provided there is evidence produced to support that result. You will have to file either a will contest to have the will set aside entirely, or just an action to construe the will, i.e. interpreted so as to carry out the wishes of the testator.
I have answered your question. Please click on a 3,4,or 5 rating so that I will be compensated. If you are not satisfied with this answer, please send me a Reply with what you feel is wrong with the answer and what additional information you are seeking.Clicking on number 1 or 2 is not necessary in order for me to explain my Answer. BONUSES for quick and helpful responses are very appreciated. If you have additional questions, I would be happy to assist, but as a courtesy I respectfully XX XXXXXXXX rating for the original question before you branch off into other new questions. Also, this answer does not create an attorney client relationship and you are urged to consult a local attorney to verify the accuracy of this answer according to your state's laws and local customs and practice.
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