Last Will and Testament
What is a last will and testamentA 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.
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