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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 sets forth exactly how you want your property to be handled after you die, and it can make sure that the person you want for the job does in fact take care of your children after you die. But, your will must be valid to be effective.
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
Who Gets Estate Property When a Beneficiary Dies Before Receiving His Share

Three beneficiaries were left to split a property equally. One beneficiary, who has no spouse or children died intestate, without receiving his share of the property. Are the other 2 beneficiaries obligated to give his share to his siblings and surviving parent? How strong of a case does this surviving family have?
What to Do When An Employer of a Deceased Employee Refuses to Act with Repect to a 401K Retirement Account.

My dad passed away and his job stated that he has no beneficiary on file. I called the company that has his 401k and they stated that the monies would go to his children that would be me and my brother and sister. They sent us the paperwork to be filled out and I mailed it to his employer to sign and release the monies to us. His employer has had the paperwork for 3 months now and I called him and he stated that he has no intentions of signing anything. How do I and my sibling go about getting him to sign or getting the monies. The company that has his 401k also has been trying to communicate with this company but are not getting anywhere.
Remedies of Beneficiaries of Will When Executor Refuses to Carry Out Terms of Will.

Mother dies and leaves house to 5 children. One is executor and has probated the will but 4 out of 5 do not want to sell house. The will states all assets should be liquidated and divided evenly. It has been 1 year since death. What can he do, he is not executor? House is being rented out to one sibling and an other family since it is a 2 family house. House is paid in full and rental is positive cash flow of 2,000/month. No information is being shared. No access to expenditures. What can be done? He would like to be bought out and doesn't want to be involved in long term situation. Can an estate get a loan?
Who Gets Estate Property When a Beneficiary Dies Before Receiving His Dhare?

Three beneficiaries were left to split a property equally. One beneficiary, who has no spouse or children died intestate, without receiving his share of the property. Are the other 2 beneficiaries obligated to give his share to his siblings and surviving parent? How strong of a case does this surviving family have?
Where Should Court Papers Authorizing the Administration of an Estate Be Filed?

When a person dies in NY State with no will to discern their assets and multiple (adult) children, which jurisdiction must legal documents be filed?

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