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Wills and Probate Law Questions

A person’s will is an important document that requires serious thought. It is the person’s last wish that they would like to be carried out by those left behind. Even with careful consideration, you can make mistakes or have questions on how to write up a will. People often find themselves in need of an experienced individual who specializes in wills and estates. A will also has different legal implications for the beneficiaries depending on their circumstances. Lawyers on JustAnswer frequently answer questions related to wills and estates. Take a look at the top 5 wills and probate questions listed below.

What steps should be taken with a will after a family member has passed?

When a person dies, their will should be filed with a probate court. Once the will has been filed, a hearing is set to admit the will. Upon admittance, the probate court oversees the settlement of the estate to the heirs in the will. The executor of the estate is usually in charge of filing the will, paying all claims, and dividing the assets to the heirs specifically listed in the will.

If a person receives property from a will, is that person’s spouse entitled to the property?

Many people assume that everything acquired during a marriage, is equal property of both spouses. This is not always the case. If a person receives property from a will and their spouse’s name is not mentioned in the will or deed, this is often not considered shared marital property. Laws may vary from state to state so you should check your local and state laws on wills and estates. You could even ask a Lawyer on JustAnswer and get their expert opinion on the laws in your state.

If a husband and wife have separate wills with differing guardianship provisions, would one take precedent over the other?

Most couples agree on the guardianship of their children when they prepare their wills. However in some cases, there may be two separate wills with conflicting instructions. If a person dies, their guardianship provisions would not take effect until their spouse dies. The exception to this would be if there was a custody dispute or if both parties were to die at the same time. In such events, a court hearing would be set and a judge would determine the custody of the children.

Should someone use probate if there is no estate for the will?

Probate court is used to settle a person’s estate, pay any existing debt with their assets and to distribute any remaining assets specified in the will. If a person doesn’t have an estate at all, it is not necessary to probate the will. Many people do not realize this and spend money on needless attorney fees. Before you spend your hard earned money on expensive attorney fees, take your questions about probate court and wills to Estate Lawyers on JustAnswer for knowledgeable and affordable answers.

Should a person have two wills if they own real estate in another country?

A person should have one will that covers the entire estate in both countries. Having more than one will becomes complicated and could result in a contested will.

When preparing your own or handling a loved one’s wills, you want assurance that it is done right. The legal terms of probate court and wills can be confusing. Online wills may intimidate people who are not computer savvy or lack the legal knowledge. If you are uncertain of what steps to take, you can ask a Lawyer on JustAnswer. An Expert will answer your questions and explain the best options for your individual situation.
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Recent Wills and Probate Questions

  • under NH law im getting mixed information... Here is the

    under NH law i'm getting mixed information... Here is the main question.

    Under NH law what happens to a previous will after a man is remarried. The other spouse my mom had passed away and my dad remarried 6 years ago. His previous will gave everything to my brother and I basically equally naming us co-executors of his will.

    My dad had intention of doing a new will but never got it done it appears. My dad owens a trucking corporation with my brother and I. we are teh majority share holders of it worth around 2 mil he has maybe a 3rd shares left the rest had been passed on to us over hte last 20 years.

    My dads plan was to give his wife his retirement funds which is already in her name his bank acounts and savings. give her a life long lease in our NH home with around 500k on lake winnipesakee which is where she lives currently.

    my brother and I would own the lake house, we would get the business its assetts his prior home that i livin in Massachusetts worth around 500k paid for as well. and his toys harley snowmobiles etc...

    Ive ready with no will it says she would get first 100k then half the remaining assetts? which does not include any lie ins ira etc that was already named in her name etc..

    So does this marriage cancel the original will under NH law. And if so is the above outcome sound right she gets 100 plus half the rest of the estate?

    what a nightmare.. he promised us he had protected us but I guess he never got it done WE have been searching attourneys in NH area for 2 weeks no but no such luck.
  • Lets try this again. My first answers from Just Answer for

    Lets try this again. My first answers from Just Answer for this subject were all wrong.
    I need an expert on WILLS and PROBATE.

    Will has been probated and the executor is handling the WILL and estate.
    The Estate has not been distributed, but the Estate assets and value has been listed.
    Known assets are not listed and the value of the Estate has been significantly depleted since the executor has been involved, executor took over the Estate, and the value of the Estate was finally released by the executor.

    Lets get by all of the wrong actions that were previously suggested.

    It is too late for a Caveat and motion to the Surrogate Court. The WILL has already been probated and the executor has been assigned. After contacting Surrogate Court, I was told that any farther action needed to proceed in Superior Court.

    This is what I want to accomplish:
    Stop the distribution of the Estate until I can do my research.
    See previous WILL. New WILL was drafted by the executor shortly before the decedent died.
    Research where known assets went.
    Track the depletion of the Estate from the time the person used undue influence, became executor, the decedent died, and the time the assets and value of the Estate was listed by the Executor.
    Have a mechanism to acquire documents necessary to do my research.
  • Estates Wills and Probate Question. If all beneficiaries

    Estates Wills and Probate Question.

    If all beneficiaries / heirs are in agreement, is it legal to reproportion the division of assets specified by the will. In other words, can you change the will if there is consensus amongst the heirs?
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