lawyer who knows if will is legal

Full Answer

How do I find a will if I don't know the lawyer?

If you know the lawyer's name but don't have contact information, you can probably find it online or get it from the state bar association. If you think a lawyer drafted the will but you're not sure, go through the deceased person's checkbook and look for payments to a lawyer or law firm. The local probate court.

Do I need a Wills lawyer?

If you want your property to go to specific people after you die, to name who will be responsible for making sure your wishes are carried out, or to avoid probate, a wills lawyer can help.

Who can witness a will in the US?

In all states, witnesses must be legal adults. The witnesses must be aware that the document is intended to be a will. Just two states, Colorado and North Dakota, allow a will to be notarized instead of witnessed.

Who is responsible for finding a will after someone dies?

Generally, the people who were the closest to the deceased person look for the will and take responsibility for it once it's found. But it shouldn't matter who actually finds the will. As explained below, whoever takes possession of the will has a legal responsibility to promptly turn it over to the local probate court.

Which of the following is a requirement of a valid will?

The will must have been executed with testamentary intent; The testator must have had testamentary capacity: The will must have been executed free of fraud, duress, undue influence or mistake; and. The will must have been duly executed through a proper ceremony.

Who controls a person's will?

An executor of an estate is an individual appointed to administer the last will and testament of a deceased person. The executor's main duty is to carry out the instructions to manage the affairs and wishes of the deceased.

Can an executor of a will be a beneficiary?

It is a common misconception that an executor can not be a beneficiary of a will. An executor can be a beneficiary but it is important to ensure that he/she does not witness your will otherwise he/she will not be entitled to receive his/her legacy under the terms of the will.

Can an executor override a beneficiary?

Ways an Executor Cannot Override a Beneficiary An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.

Who Should Lead The Search?

The executor of the will—the person the will names to take charge of the person’s affairs when the time comes—is the person who should take custody...

Filing The Will: It’S The Law

Whether or not a probate court proceeding is planned, the person who has possession of the original will must file it with the probate court after...

What If You Can’T Find A Will?

Lots of Americans—more than half, by some estimates—don’t leave a will. So if you can’t find one, the reason may simply be that the deceased person...