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
When a person dies, two matters of importance are payment of the decedent's outstanding debts and transfer of the decedent's property to those entitled to it. Perhaps the most common way of settling these matters is through the court proceeding known as probate.
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
Power of attorney
if you switch you lawyer you made your will, POW and health care and the new lawyer is now doing a new POA, will, and healthcare how long does that last POA last until the new one is drawn up. does it terminate immedialty or is there a 30 day period
My Husband''s father died leaving both him and his brother half of everything. Will a lawyer be abl
We have to see a lawyer to transfer the house to his brother. My husband will take the money and his brother will take the house giving them 50/50 of what was left to them. It did not say in the will how it had to be split up - just half of everything to each. We are looking to ensure that the they are not taxed twice when it come to the house. We want to go directly from his dad to his brother. Not from his dad to both of them, then to his brother. Also is it recommended to speak to several lawyers to get prices? We are looking not looking to spend alot of money on a lawyer as we do not make alot.
I''ve written my own will using a format I found on the internet. I understand that I need to get it
My daughter was left some money from a friend. The executor of the will has made comments that she h
My daughter is under age and a full time student. Why would the executor be liable for taxes on an account that is in trust for someonr else? Would my daughter be liable for taxes the executor incurrred?
My father in law passed away last Sunday. When we went looking for will found there is not one.
There are two adukt children. their name is on nothing. He didn''t even have insurance policy to bury him. He has a mobile home that has a clear title with only the his name on it. It sits on family property not in his name. He has a new truck but the lenders will not talk to us being it is ONLY in his name. We don''t know if he might have has credit life insurance on his truck. He was a 80 percent diabled Vet BUT the THursday before he passed on Sunday he got 100 percent diablity. He was expecting a back pay retro check in a couple of weeks. Because his was deemed disable(and was getting a back pay check)before he died Is there anything that can be done sothat the back pay money can go to the adult children. We really don''t know how to handle the mobile or for that matter anything! We really just don''t know what our options are and where to start......... Any suggestions???? PLEASE HELP!!!!
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Wills and Probate Lawyer Web Sites
 
 -  New Jersey Probate Law - Parsons & Nardelli
 -  New Jersey Estate Litigation - Law Office Of Alice Beirne
 -  Arkansas Probate Attorneys - Plastiras Law Firm
 -  Delaware Probate Attorney - William W. Erhart, P.A.
 -  Mississippi Law - Cumbest, Cumbest, Hunter & Mccormick, P.A.