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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 110566
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Where can I find a simple example of an advancement (prepayment

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Where can I find a simple example of an advancement (prepayment of presumed inheritance), such as "We, , have given a with the expectation that the value of this gift shall be deducted from from their share of the proceeds of our estate upon death, as specified in , and that value will distributed in equal shares to the remaining inheritors"?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Do you already have a will written for your estate?
Customer: replied 3 years ago.

Yes. I am researching this question for my parents, who have a written for their estate in which I am named executor.


Thank you for your response.

If they have a will already, this has to be written as a codicil (amendment) to the will (typically these are put directly in the will though, because sometimes amendments to wills get lost or misplaced and big arguments occur). However, it can be done by codicil, in multiple original copies so that more than one person has the codicil duplicate original copy.

The agreement is simple, the agreement is worded as, Codicil and Advance of Inheritance Agreement: "We the grantors of this testament, on X date, have provided X, a beneficiary under our last will and testament dated X, the sum of Y, with the full agreement, knowledge and understanding that said sum will be a credit for an advance towards any sums that X would be entitled to under the will. Upon probate of the testament, said amount of Y shall be deducted from any amount or shares that X would otherwise be entitled to and those funds shall be equally distributed to the remaining heirs."

Typically, this clause is best inserted in the will and the will redrafted and signed, but you can type this as a codicil and have it signed in the presence of the notary and two witnesses and attach it to the will.

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