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Wills and Probate



In a will, a person or "testator" expresses, in writing, what he (or she) wants done with his property after he dies. Most states require wills to be signed by the testator and witnessed by two people. "Probate" is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased person or "decedent" to his heirs. Probate proceedings take place in the probate court or surrogate court in the county of the decedent's legal residence at the time of his death. If a person dies "intestate," meaning "without a will," state law determines how to distribute his property.

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Legal articles focusing on Wills and Probate Law
Probate
Probate is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased to his or her heirs. Find out more about the probate process and visit our message board on the topic.
Will Basics
A will is a very important part of your estate plan because it details exactly how you want your property to be distributed after you die, and makes sure that the person you want as executor takes control of the proces. But, be sure your will is valid.
Necessary Will Provisions
Provisions in a will vary depending on a person's situation. There are some things that need to go into your will regardless of your circumstances. Other things become crucial depending on your individual needs and desires. Make sure your will covers everything it needs to.
Life Estates
A life estate is an interest in real property that gives a person the right to live in, use and enjoy the property during his or her lifetime. The life tenant's ownership ends when the person dies so the life tenant cannot leave the property to heirs but may transfer their interest to another.
Personal Gifts in Wills
Personal gifts can be made while a person is alive or they may be made after death, according to that person's will. When a gift is given during someone's lifetime, it is called an inter vivos gift. When a gift is transferred upon a person's death by a will, it is called a testamentary gift.

Ask a Lawyer - Wills and Probate Law questions answered by leading lawyers
Spouse's Living Trust

Can a creditor reach assets in the debtor's spouse's living trust?
What Do We Do When the Administrator Won't Make Distributions or Reveal the Particulars of the Estate?

My uncle requested to be the administrator for my grandmother's estate three years ago. Upon her death there were three properties, one had already sold for $470,000. In addition, there were monies in the bank in excess of $100,000.

Thus far, he hasn't notified the heirs the value of the estate and is completely vague and defensive when questioned about the proceedings. No one has received any funds to-date. What recourse do I have in obtaining such information?
Executor of a Will

My mother was named by her brother in a will leaving her 1/3 of everything in an estate valued at about $500,000. Her brother died almost three years ago, and the executor sold the house two years ago. She has never heard a word from the executor in that time frame.

I found out that the house was sold through an internet search. The executor does not answer our calls. This seems almost criminal. We don't know what to do from this point. We live in Chicago, the property and executor are in Minnesota.
Must an Illegitimate Heir be Notified when the Will is Filed for Probate?

If I am listed in my father's will, does the court notify me if his will is submitted to probate? I am illegitimate and his family may not notify me.
Is a Trustee Responsible for the Principal's Debts?

As power of attorney for my mom, what happens if my mother has no money and large amounts of debt, am I responsible?


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