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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.

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...
characters left:
2 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
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

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 Wills and Probate Questions

  • Trusts and Estates, Wills and Probate dad passed away in

    Trusts and Estates, Wills and Probate
    dad passed away in 2012, mom moved title from her name to his name ( dad is older than 65 to help with taxes ), how can mom have the title , can the county demolish the house ?
  • 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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