lawyer who deals with wills definition

What is the difference between a will and a will?

A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death. At Common Law, an instrument disposing of Personal Property was called a "testament," whereas a will disposed of real property. Over time the distinction has disappeared so that a will, ...

What is the purpose of the Statute of Wills?

Second, the document purporting to be a will must meet the execution requirements of statutes, often called the Statute of Wills, designed to ensure that the document is not a fraud but is the honest expression of the testator's intention. Third, it must be clear that the testator intended the document to have the legal effect of a will.

Why is a will invalid?

Apart from these elements, a will may be ruled invalid if the testator made the will as the result of undue influence, fraud, or mistake. A will serves a variety of important purposes.

How old do you have to be to make a will?

Anyone over a minimum age, usually 18, is legally capable of making a will as long as he is competent. A person under the minimum age dies intestate (regardless of efforts to make a will), and his property will be distributed according to the laws of descent and distribution.

What happens if you don't leave a will?

If a person does not leave a will, or the will is declared invalid, the person will have died intestate, resulting in the distribution of the estate according to the laws of Descent and Distribution of the state in which the person resided. Because of the importance of a will, the law requires it to have certain elements to be valid.

What are the requirements for a will?

The requirements relate to the writing, signing, witnessing, or attestation of the will in addition to its publication. These legislative safeguards prevent tentative, doubtful, or coerced expressions of desire from controlling the manner in which a person's estate is distributed.

What are the two types of fraud?

The two types of fraud are fraud in the execution and fraud in the inducement. When a person is deceived by another as to the character or contents of the document he is signing, he is the victim of fraud in the execution.

What is probate lawyer?

Generally speaking, probate lawyers, also called estate or trust lawyers, help executors of the estate (or “administrators," if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator.

What does a probate attorney do?

A probate attorney usually handles the process of estate administration after a person dies. An estate planning attorney, on the other hand, works with living clients on how their client's estates should be administered. The attorney could do that by helping clients prepare trusts, wills, and other relevant documents.

What happens if you die with a will?

If an individual dies with a will, a probate lawyer may be hired to advise parties, such as the executor of the estate or a beneficiary, on various legal matters. For instance, an attorney may review the will to ensure the will wasn't signed or written under duress (or against the best interests of the individual).

What to do if someone dies without a will?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

How is an estate distributed?

When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, if you are married, your surviving spouse receives all of your intestate property under many states' intestate laws.

Can you take your will with you when you die?

As the old saying goes, you can't take it with you when you die. But a probate lawyer can help surviving family members settle your debts and distribute your assets after you're gone, with or without a will. So what is a probate lawyer?

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What is a testamentary trust?

a written document which leaves the estate of the person who signed the will to named persons or entities (beneficiaries, legatees, divisees) including portions or percentages of the estate, specific gifts, creation of trusts for management and future distribution of all or a portion of the estate (a testamentary trust).

Do wills have to be probated?

If the will (also called a Last Will and Testament) is still in force at the time of the death of the testator (will writer), and there is a substantial estate and/or real estate, then the will must be probated (approved by the court, managed and distributed by the executor under court supervision).

What are the duties of a probate judge?

Probate courts and probate judges are responsible for a wide variety of procedural, administration, and legal matters that involve wills and estates. Generally speaking, probate courts perform the following: 1 Overseeing the distribution of the decedent’s property and assets; 2 Determining the authenticity and legality of an existing will document; 3 Enforcing the provisions contained in the valid will; 4 Preventing executor and estate administrator misconduct, such as fraud; 5 Determining which descendants are to receive the decedent’s property under the specific laws of their jurisdiction; and 6 Evaluating any debts, outstanding claims or lawsuits relating to the decedent’s estate.

What is probate used for?

Probate may be used to determine the legal validity of the decedent’s will, or to correctly distribute the estate’s assets to any beneficiaries named in the will. It is also used to establish a plan for paying off any outstanding taxes and/or debts owed by the decedent’s estate.

How long does it take to get a probate in New York?

In New York, it could take anywhere from two months to three years, although the average is generally fifteen months. While in some states probate may be completed within one year after a person’s death, in other states, complex probate court matters could take up to two years or longer.

What is a guardian ad litem?

Appointing a guardian ad litem, who has the responsibility to make certain decisions about the care of a child or a person incapable of representing themselves. The probate court may also evaluate claims and lawsuits involving will disputes, as well as will contests.

What is the UPC in probate?

It is important to note that the probate process differs from state to state. Most states have adopted the Uniform Probate Code (“UPC”), which was established with the goal of streamlining the probate process. This is done by making probate administration more simple and less expensive.

What is considered a small estate?

Generally speaking, a smaller estate is an estate that has a total property value of less than $100,000. However, what is considered to be a small estate depends on state law. Your state may allow you to skip the entire probate process if your estate meets certain requirements.

Can you file a claim in probate court?

You may file a claim with a probate court so long as you have any matters involving an estate that must be resolved. An example of this would be if you determine that an estate is being handled improperly. and that the decedent’s assets are not being distributed according to their will or state law.

How to Start Your Search

The first and most important step in learning how to find a lawyer for wills and estates is to figure out what it is you need help in the first place.

Your Local Attorney Referral Service

An attorney referral service makes it incredibly easy to connect with vetted, trustworthy lawyers. These services are easy to use and effective, too.

Ask for References

Ask your friends, family members, and local professionals if they’ve worked with an attorney for similar concerns in the past.

Contact the Lawyers You Have Selected

Once you have a list of appropriate lawyers in mind, reach out to each of them.

What to Ask During An Initial Consultation

At this point, you should at least have a shortlist of lawyers for wills and estates who seem promising. Schedule a consultation as mentioned in the previous step, and then prepare a list of questions to help you judge their competency.

Conclusion

Planning for your future is important. Be sure to take your time when searching for an experienced lawyer in your area and try to schedule an initial consultation before making a decision. If you go through a lawyer referral service, ask if it’s possible to set up a free consultation.