How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Estate Law question
Type Your Estate Law Question Here...
characters left:
4 Estate Lawyers are Online Now

Joint Will and Testament Questions

Individuals contemplating creating a joint will or are dealing with the execution of a joint will may have questions throughout the whole process. Uncertainties of how a joint will is executed if one of the issuers had remarried or if probate is necessary for a joint will often lead to questions like the ones answered below.

My present wife and I have children by our previous marriages. I have a joint will with my first wife. My present wife has her own will. How does my joint will from my first marriage affect my current wife?

The joint will that you held with your first wife during your first marriage will end once you are divorced. In Kansas once you get divorced and neither husband nor wife changes the will, everything in the joint will that would contain the other (wife, husband) gets treated as if one has predeceased the other.

Dad pre-deceased Mom with a joint will naming children as devisees with most of estate held as joint tenants, but some are stock certificates and in his name only. Now mom has passed. What is the proper procedure for clearing dad's estate with or without a formal probate in California?

Formal probate will be necessary because there is real estate. Without the real estate the will would have been subject to probate. If the total worth of the estate is $100,000 or less then the executor could use what is called the small estate affidavit to transfer the property without the need of probate.

Any property that doesn’t transfer per the joint tenancy would remain in your dad’s estate. Since you dad predeceased your mom anything that she would have gotten from the joint tenancy will now be in her estate. So anything (if $100,000 or less) from your dad’s estate that did not pass over to your mom’s estate you could use the affidavit to transfer it to your mom’s estate. Your mom’s estate will then be subject to probate and given out according to the joint will’s instructions.

My husband and I have a joint will which was drawn up in Illinois. I have since inherited approx. 2 million dollars that I want to leave totally to our three children. I want to do this privately. We live in Ohio now. Can I do this privately or does it somehow work back to the joint will?

Even though you have a joint will with your husband you can delegate your inheritance as you wish and separately from the joint will. An option to consider would be a revocable trust. Set one up and name your three children as the beneficiaries. A revocable trust is kept separate from assets that are held jointly with your spouse. Trusts are also private.

Does an individual have to pay again to have changes made to their joint will regarding the beneficiaries?

Your entire joint will does not have to be redone. Instead you can have an amendment to your joint will. This is called a codicil. A codicil is completed in the same way that a will is executed. It will then be attached to your joint will. Only the sections you want changed will be changed the remaining sections will go unchanged.

My parents made out a joint will in 1972 and shortly after my father died. They owned a house in joint tenancy. Mom made a will in 2001 to include grandchildren. This will divided the house into 6ths. What will is the court system to go by the 1972 joint will or the 2001 will for this property.

When your dad died the house they owned in joint tenancy would have went to your mother as the sole owner. When your mother drafted her will later after your father passed, it would in most cases revoke any wills that were set out previously. Your mom’s will would then delegate what happens to the house. If she only lists in her will that the grandchildren will split the house then only the grandchildren and not any other listed from the joint will would inherit the house. If however, your mother did not revoke any previous wills within the language of her current will, then the ownership would pass to the children listed in the joint will and the grandchildren of the current will.

Obtaining current information and having a clear understanding of a joint will can help when dealing with questions regarding joint wills. Experts can help answer questions about how a joint will might affect a current spouse or if you can later add to a joint will. Get the answers fast and affordably by asking an Expert.
Ask a Estate Law question
Type Your Estate Law Question Here...
characters left:
4 Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21235
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21235
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18402
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8497
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3863
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3385
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)