Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer, Get an Answer ASAP!

Last Will and Testament

Many individuals who are faced with creating or interpreting a last will have many questions dealing with the whole process. The unknown of what makes a last will legal or if a last will can be contested often lead to questions like the ones answered below.

What is a last will and testament

A Last Will and Testament is a document in which an individual (testator) lists one or more persons to manage his estate. It also provides the avenue in how the testator would like the transfer of his property to occur upon his death.

If an individual left most of their estate to their care taker and at the funeral the care taker lied about where the bulk of the estate went to. The care taker claimed it was given to a hospital when in fact it was in their possession. Can a Last Will be contested after probate?

The main purpose of probate is for others to be able to have the chance to stake any claims or raise any issues. There have been many cases where caretakers had used undue influence over those they were caring for. If you want to contest the caretaker being a beneficiary of the will because you don’t believe your uncle would have ever done this in his right mind, then contest the will before probate is closed.

My mother has filed a Last Will naming me as her beneficiary. She had 10 acres of land with hers and mine, and my husband’s name. She has one son. The will has left him $100.oo cash. She did not have anything else of value. What do I need to do to make sure he can't come back on me?

Probate does not seem to be warranted for your case as there is a Last Will and very little assets. Probate is the legal process of finalizing a person’s affairs: gathering assets, paying debts, and giving out the assets. Since the 10 acre land was not only in her name but also yours and your husband’s name then it would pass to you both by right of survivorship. You would not need to take any action on your part to protect your mother’s assets.

If a person writes out a last will and testament and signs it but it’s not witnessed (Louisiana) is it legal?

According to Louisiana Civil Code Section 1575 a last will and testament could still be valid and legal even if it was not witnessed. It would need to meet all the other requirements. In Louisiana there are two types of wills. The notarial will requires notarization and two witnesses. The olographic requires the will to be handwritten dated and signed in the testator’s handwriting. It does not require any witnesses but the testator must sign at the end of the document in order for it to be a valid will.

My wife and I reside in Nevada. We have twin minor daughters, a condo, two cars, and an inherited IRA. We would like to have a last will and testament. What are the basic requirements to create a last will?

According to Nevada law a person who is 18 years old or older and of sound mind can create a will. The will must be in writing and also need to be signed by the testator (person whose will this is) and also signed by two witnesses. The witness’s signature must be done in front of the testator. Gifts given to the witnesses under the will be void unless there are two additional witnesses on the will.

Gathering the right knowledge and comprehension of last will can help when face with a last will. Experts can help answer what a last will and testament is or what your state requirements are for creating a last will. Get the answers fast and affordably by asking an Expert.
Please type your question in the field below

3 verified Estate Lawyers are online now

Estate Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Thomas McJD

Attorney

Doctoral Degree

★★★★★
3170 positive reviews
Online
Barrister

Attorney

Doctoral Degree

★★★★★
5283 positive reviews
Online
Infolawyer

Attorney

Juris Doctor.

★★★★★
4986 positive reviews
See all Estate Lawyers
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.
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.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.