Wills and Probate Law Questions
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.