Introduction to Wills
Introduction to Wills
-
Everyone should have the most basic estate planning document: a simple will.
-
Both a living trust and a will serve to transfer property after we pass away, but they work very differently.
-
How to Determine If a Will Is Valid
It isn't hard to tell whether or not a will meets your state's legal requirements. Here's what to look for.
-
The Witness Requirement to Execute a Will
A will typically must be properly witnessed to be valid.
-
Online Wills & Do-It-Yourself Will Making Software
Everybody needs a will—but most people don't need to pay a lawyer to draft it. Learn whether online wills and DIY software can work for you.
Types of Wills
Types of Wills
-
Are Handwritten or "Holographic" Wills Valid?
A holographic or handwritten will can be a binding legal document, in some states and in some circumstances.
-
Is an Oral (Spoken but Not Written) Will Valid?
Oral wills might have worked when many people were illiterate, but not today. These days, a written and signed will is necessary.
-
Last-minute wills, often called "deathbed wills," can be just as valid as a will created in a lawyer's office.
-
If the deceased person left a living trust as well as a will, you're likely to be dealing with a "pour-over" will.
-
Wills with a "self-proving affidavit" attached are easier to prove valid in probate court.
-
Can You Use a Video for a Last Will & Testament?
Video recordings, by themselves, are not valid wills. But they can have other uses.
When There Is No Will
When There Is No Will
-
What Does The Executor Do When There's No Will?
If you're wrapping up an estate and can't find a will—or the will you've got isn't valid—state law steps in.
Legal Issues a Will Might Encounter
Legal Issues a Will Might Encounter
-
How Does Divorce Affect a Will?
Does a former spouse still inherit from the estate? Depends on where you live.
-
How to Tell If a Will Was Revoked or Replaced
It's not enough just to find the will--the executor also must make sure that the will-maker didn't revoke or replace it later.
-
How Can a Will Be Contested or Challenged in Court?
It's usually difficult to successfully challenge a will--but it happens.
-
Problems of a Joint Will for Married Couples
Any estate planning lawyer will tell you that a joint will, usually created by a married couple, is generally a bad idea.
-
The Meaning of "Children" in a Will
The word “children” in a will might seem simple, but it can get complicated due to circumstances like adoptions, stepparent relationships, and timing.
-
How "Undue Influence" Can Invalidate a Will
If the will doesn't truly reflect the wishes of the deceased person because someone unethically pressured that person, family members can file an undue influence lawsuit in probate court.
