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My wife and I have been presented Last Will and Testament

My wife and I have been presented Last Will and Testament drafts for signing. [NY State]. First, in the Residuary Disposition Clause following the Tangible Personal Property Clause we are trying to understand what Residuary Estate concept means. It reads: "If my husband, XXXX survives me, I give my wife all the rest, residue and remainder of my estate, other than any property over which I may have a power of appointment (my “Residuary Estate”). " Secondly, if down the road in the future we want to amend our will is that a formidable challenge.JA: Has anything been filed or reported?Customer: No, just present a final draft for a signing ! We are our early 70 just toJA: Anything else you want the lawyer to know before I connect you?Customer: Yes We are not a typical retirees -- there is an IRA and saving account that are planning to leave for the surviving spouse and our children thereafter. The IRA/saving account I am assuming goes to the suviving

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Loren

Juris Doctor

40,414 satisfied customers
Grandfather just passed. The family is fighting and not

Grandfather just passed. The family is fighting and not getting along. I would guess this is normal in most cases. My mother is trying to do what is right but we just have to come up with the funds to do so. I wanted to check on here to see if I could get a quick anwser to take mack to the family. Grandfather had a Trust. There is alot of back and forth and I am not understanding who should take the trust over and what can be done with the trust. There is also a will that was done in a effert to give my grandmother everything. Big guestion is can the will over power the terms of the Trust if it is Irrevocable. I do have copys of all this if needed.

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Irwin Law

Juris Doctor JD

9,322 satisfied customers
Can a will containing a trust not specify naming a TRUSTEE

can a will containing a trust not specify naming a TRUSTEE bu rather authorize the executor to appoint the trustee

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Damien Bosco

Attorney

Doctoral Degree

3,748 satisfied customers
I am filling out the CIS (case information statement) and

I am filling out the CIS (case information statement) and just want to verify what Tangible Personal Property covers other than house.. thanks NJ

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N Cal Attorney

Doctoral Degree

7,362 satisfied customers
Should I include a joint bank account in my father's will?

I am the administrator of my father's will in West Virginia. Do I have to include a joint bank account that was payable on death to me? Either on the probate or non probate forms in WV? My attorney had originally said he didn't think it would be included. I do have a sibling that may be offended if it were listed since she had no rights to the amount.I have paid all the outstanding bills and funeral/burial expenses out of this account also.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,308 satisfied customers
My mother passed away on July 2nd of this year. She has a

Hello! My mother passed away on July 2nd of this year. She has a property that she had done a Transfer of deed upon death. This went to me along with the mortgage on it. She also named my brother and I beneficiary's on her 401k. The only other things that she owns is her household furniture,clothing,a lawn mower,pots pans ect. She had a credit card bill of about $9500.00. Is that something that I have to pay? I've been told no by a few people but I'm not sure. Can you help me please? Thank you! Carrie

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LegalGems

Juris Doctorate

15,458 satisfied customers
My sister died intestate in Georgia, US. (Please note: I

My sister died intestate in Georgia, US. (Please note: I prefer response from a lawyer licensed in Georgia.) Lawyers have informed us that her estate would go to both her parents. However, there are special circumstances:- Her parents divorced 50 years ago, and the father rarely saw her or cared for her- The father lives oversea, has wives, and children, who are grown and have children- He ignored her being physically abused for several years, by his family members, when she was a child and, throughout the years as an adult, she had expressed her resentment for him more than a few times.- Sometime, he contacted us asking for money, she strongly refused to give more than $25- Her mother struggled to raise her and her siblings- She was suffering from Lupus for more than 30 years but continued working very hard, even while in pain, to save up for when the disease might cause her no longer able to work; unfortunately, the complication of Lupus took her life before she could use her hard-earned money while restingWe feel that it is unjust and may go against her wish for the father to have 50% of her assets. I'm just wondering there is an exception in Georgia law to prevent him from getting the entire sum. We would rather that part of her estate go to some worthy charities than to him.Thank you!

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TJ, Esq.

Juris Doctor (JD)

11,486 satisfied customers
We are a non-profit equine charity who has recently been

We are a non-profit equine charity who has recently been included in a will of a former donor. Contained in the will, advises that the Executor has a limited power of appointment to: ***** ***** replace any one or more of the animal charities listed in para 4.1 with one or more other animal charities similar to those listed in para 4.1 and that qualify as a section 501 (c) (3) charitable organization. The Executor has sent each charitable organization a substantial list of requirement's that must be submitted to her and which she will base her decision on whether that charity will be excluded from the will or not. The Executor herself is also a beneficiary. She was left the donor's cat with no cash to support it and all residual was for small amount of animal organizations. On reading the will, out understanding is that she can make changes to beneficiaries if, 1, the charity is no longer operating or 2, has lost it's 501 (c) (3) status. There is nothing in the narrative of the will that charities should be subjected to supplying a very large amount of paperwork which will be used to determine by the Executor if she feels that they are worthy of remaining a beneficiary. My question is, does she have the power to replace a charity if she feels for whatever reason,should not be included as a beneficiary.

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Roger

Litigation Attorney

Doctoral Degree

34,308 satisfied customers
May the court appointed administrator of an West Virginia

May the court appointed administrator of an West Virginia estate without a will sell the decedents home? Property owned by the decedent only. Only living blood relative is a 93 yr old cousin. Does the administrator of the estate need a specific power of attorney from the cousin to sign the sales contract and sell the home?

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RayAnswers

Lawyer

Doctoral Degree

39,270 satisfied customers
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