How should I make a will?
958553
Two options - you can get a will kit from OfficeMax or other office supply store, or you can get the book/CD from Nolo Press (see link below).\n\nFor most people, nothing else is necessary.\n\nIf you simply write up  your wishes in clear hand-writing (not typed) this will also do. It doesn't even have to be witnessed or notarized. This is called a holographic will.\n\nUse percentages to share out the estate, rather than amounts. That takes care of how values change over time - like "15% of my estate to Ralph".\n\nYou do not need to leave anything to the executor. If you name a company, then they can deduct their fees from the estate before distributing the money.\n\nDon't over think it - you can't say 'rent out this property for two years'; those types of provisions can easily be overturned in the Probate Court. Keep it simple - percentages for primary beneficiaries, specific bequests of heirlooms (my mother's wedding ring to Sarah) and small amounts specified to minor beneficiaries ($500 to my dear friend George).\n\nThat should cover it! If you are using a will kit, or the Nolo Software/book, make note of the requirements for filing, witnesses and notarization - these change from state to state.
768460
State procedures vary, but in  general the will must be admitted to probate; the court will have to issue some type of order that you are in fact the owner; the order & death cert. will have to be recorded in the public records.  You will also have to submit and/or record some clearance from the court or your states' tax collector, and/or the IRS that there are no estate taxes due.\n\nBring the will to a local attorney.
382914
where theres a will, theres a way! Yay! :)
533859
What on EARTH are you talking about? "with the Commonwealth"? What's that?\n\nInheritance laws, in absence of a will, are usually pretty explicit. Husband (if any) gets half, children get the rest split evenly (Can vary between jurdistictions).  A proper will, drawn up by a knowledgable lawyer, should be enforceable. They're pretty hard to break unless you can show coercion... Failure to properly identify you in the will (calling you a niece/nephew instead of a son/daughter could invalidate the will or at least guarantee you the proper share, with a good lawyer).\n\nIf assets are hidden or missing, well, that's not easy. You should be able to use tax returns etc. to detemine where all the money was; as heir, you should be able to get the executor of the estate access to those documents; if any income wasn't reported, then, yes, likely the tax "bastards" will take quite a bit before you see anything.\n\nThe short answer to any legal question is - "it depends. Consult a good lawyer."
1030311
A legal will is to make sure your possessions go to your family, friends, charity choices, etc. If you don't have one your stuff could end up going to the state, which would be a big waste. The living will is to make sure you get the medical care you want even if you aren't able to make the decisions at the time. For example, if you don't want to be kept alive artificially that would be in the living will and doctors have to follow it even though you can't tell them at the time. The disadvantages to a legal will would only be if you made decisions that made your family unhappy. And the living will I guess the only problem would be if you changed your mind but forgot to change the living will and then couldn't tell the doctor your new wishes. But that would be a pretty extreme case. Mostly they are good things to have.
401770
check with the local courts,, start with probate , if the will was filed inm court it will be public record,if not you can file a claim in probate court for the will
74854
Every state has laws that specify how property is distributed if someone dies without a will, but the key is that the person must die without a will.\n\nMost wills have a clause that says what happens to the property if someone dies before the person making the will.  If the will is silent, then you need to look at state law and the laws will vary by state.\n\nConsult a probate/estate planning attorney if your area for further assistance.
877405
The person must have capacity to make a will,\nThe will must be legible, and\nThe provisions of the will must be legal and known to the testator.
638550
Well, say you want to will BlackAcre and WhiteAcre properties to A,B,C, and D equally.\n\nThere are two ways to do it:\n1. I will BlackAcre and WhiteAcre to A,B,C and D as tenants in common.[1]\nOR\n2. I will BlackAcre and WhiteAcre to A,B,C and D as joint tenants [2]\n\nThe difference would be that in the 1st case when one of them dies his interest is passed on to his heirs , while in 2nd case his interest is redistributed among survivors of the original holders.\n\nP.S. i would HIGHLY recommend you consult an attorney before writing a will, there are many caveats.
298260
You need to get an attorney specializing in probate and estates.\n\nYour sister "can" make changes to the will but she's not allowed to.  She "can" be appointed executor but she doesn't have to be.\n\nWhomever files the probate first has the best shot at being named executor and you may not actually need the will to do it (just the knowledge that there is a will).  Call a lawyer this morning.
645983
Trot down to the probate court.  They have to open an "estate" and the will should be on file there.
1047765
They can protest but I believe from reading this page their attempt would most likely fail.  The will has to have physical damage or have a signature crossed out to be invalid, and if that were the case an older version of the will would be accepted, I think.
458470
Find an estate attorney and draw up a will. The attorney will give you plenty of good ideas on how to carry this out.  You might even be able to make the attorney the executor of your estate so he/she has the legal power to make things happen.
466218
Find out who was his lawyer - maybe they can help.  Do you know who was the executor.  Can you remember at the time any dealings with regard to property or lawyers that can at least give you a starting point.  I do not think that wills are public property so you would need the lawyer or executor's permission.
780403
you don't need a form. you may need a lawyer, though.it depends on what you are the beneficiary of. if you are to recieve his life insurance, they will need a death certificate. if you are to receive property such as a house or land, you need to file his will at the county courthouse probate court. if he had no will, you will require a lwayer to finalize the estate for you since different states have different laws governing what has to be done.
343364
My father just passed without a will so I've been through something similar.\nIf there is a will then the law is to follow the instructions of the will. It can be contested but that takes time and money.\nIf there is no will then someone has to send a petition to the courts in his, the deceased, state and request to be appointed guardian/executor of the estate. It is easier to have the "permission" of the other siblings so it won't be contested. Once the court approves the petition then his estate, assests thereof, will be used, sold if necessary to pay off any and all debts the person had. What is left after that is divided between the surviving brothers and/or sisters. Children of deceased siblings are not usually included in the division, but can be. Hope this helps.
218688
If there are children then yes, each parent should have a seperate will. Everyone has assets, and what to do with them needs to be specifically documented to avoid probate.