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Simple Will Questions

Many individuals faced with circumstances involving a simple will have had questions during all parts of the process. Uncertainties of how to create a simple will or not knowing what makes a simple will legally valid often lead to questions like the ones answered below.

I live in Florida and want to write a simple will on my own so that my children won’t argue over things when I die. How would I go about writing a simple will?

According to Florida statute 732.502 an individual can create a simple will in their own handwriting. This simple will is known as a holographic or nuncupative will. The individual whose will is being made and also written by is referred to as the testator. In order for this will to be valid the testator must sign the will at the end or the testator can have someone else write their name in front of the testator and under their direction. The will must also have witnesses to the fact that the testator signed the will or had someone sign in their place. These witnesses will also be required to sign the will in front of the testator and in front of the other witnesses. This simple will if done within the guidelines is just as valid as any other will.

A person does a simple will. They leave all their possession to their parents and specifically endorses that their 3 children receive nothing. If they were an only child and has been divorced for years, and then their parent dies and did not update their will. Who inherits if the beneficiaries of the simple will are also deceased?

If a person dies and the beneficiaries of the simple will are also deceased and the deceased children are specifically disinherited then the next generation would inherit. This would be the children of the children or grandchildren of the deceased. However, the court can set aside the simple will as invalid because of the beneficiaries also being deceased. If that would happen then the 3 children that were disinherited now would be allowed to inherit.

My husband died with a simple will and I need to file it with Surrogate Court in NY. I was told that court would need to give me a testamentary letter to open a bank account. How much money can the estate of deceased have to be to open a bank account without having to go through probate?

The laws of New York State do allow an individual to settle small estates with or without a simple will while avoiding the court process. This would still allow you to collect monies payable to the deceased estate by banks, insurers, government agencies, employers and other institutions. In order to qualify to circumvent the probate process monies must be equal or less than $30,000. The law stipulates that a surviving spouse can collect up to $30,000 in assets. The surviving spouse would just need to present to the institution(s) a death certificate.

I live in PA and my husband just died. The simple will he left states I am the beneficiary. His total estate is less than $20,000. Do I need a lawyer to have a simple will probated or can I do it myself?

It is not required to have an attorney probate a simple will if your husband’s total estate worth is under $20,000. If it is then an abbreviated form of probate can be used. It is called summary administration and you can file for that if it meets that monetary qualification. For this form of probate you do not need a lawyer. The court clerk can supply you with the forms that you would need to file.

In Texas how is a simple will written? Do I write on a sheet of paper specifying who receives my "stuff' -car, jewelry, furniture, etc.?

In Texas that is really all that is required. It is referred to as a holographic will. This entire simple will must be completely in your own handwriting and signed by you. You would need to state your wishes clearly. When you are finished it is completely legal and valid. It can be probated in court.

Having a good understanding and gathering correct knowledge about simple wills helps greatly when faced with creating or carrying out a simple will. Experts can help with inquiries regarding how to write a simple will or how to carry out a simple will without going through the probate process. Get the answers fast and affordably by asking an Expert.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
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6 Estate Lawyers are Online Now

How JustAnswer Works:

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Estate Lawyers are online & ready to help you now

Thomas McJD
Attorney
Satisfied Customers: 3076
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 3781
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 2188
13 yrs estate law, real estate. Wills/Trusts/Probate

Recent Simple Will Questions

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    Two elderly brothers had a property in Los Angeles Ca. They owned it as joint tenants until 2013 when a health scare made the younger brother decide to deed all of his property into a trust, including that piece he owned with his brother. His children inherit. How did that change the way the jt property was owned? Older brother died first. He had no children but a woman claims to be his wife.
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    If I want to get a seise and desist order preventing my brother, as executor of our father"s will from using the estate as a financial vehicle to void his trusty what do I need to do. I have avoided using a lawyer because I am trying to avoid a legal bTtle, but now my brother is using the estate to pay a lawyer to file a petition for reconstruction for reconstruction to try to have the trust voided and is withholding distribution of the estate so that the legal fees can be paid by the estate.
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