#EstateAdministration

[memorialmerits]

The process of probate can seem

[heartlandfundinginc]

The Probate Process for a House in Bloomington – How to Avoid Getting Scammed

Probate doesn't have to be a nightmare. Our article breaks down the process into four manageable steps and offers crucial advice on avoiding scams. This is essential reading for anyone dealing with probate or planning for the future.

[aalawsng]

WILLS PART 1

WHAT IS A WILL?

A will is a testamentary disposition of one's property, voluntarily made by the testator, signed by the testator by himself or the testator appointing someone to sign on his behalf in the presence of at least two witnesses and it becomes operative upon the death of the testator. A male who writes his Will is known as a TESTATOR while a female is known as a TESTATRIX.

The state of having made a valid Will before one dies is known as TESTATE, while the state of not having a valid will before death is known as INTESTATE.

TYPES OF WILLS

The following are the types of Wills

Statutory Will: These are wills made in accordance with the provisions of the Wills Act 1837 or the relevant Wills law of the testator’s state. The features of a statutory will are:

It must be in writing pursuant to section 9 Wills Act 1837. Any form of language will suffice. It can be holographic in nature(handwritten) or typed.

It must be attested by at least 2 witnesses in the presence of the testator

It must be duly executed by the testator in the presence of at least two witnesses.

The testator must have testamentary capacity and intention

The testator is of statutory age.

Nuncupative Will: Oral Will made according to customary law by a person in anticipation of imminent death as to the disposition of his property.There are conditions to be fulfilled before there can be a valid nuncupative will:

The directives must be made in presence of at least two witnesses.

It has to be made voluntarily.

The testator must have testamentary intention and sound mind.

The beneficiaries must be specifically named and described so as to be ascertainable and identifiable

The gifts (properties) must be specifically named and described so as to be ascertainable and identifiable

Privileged Will: This is a departure from the essentials of a valid will in the sense that such a will is said to be valid if it is attested to by just one officer. All they require to be valid is that they must be made by those who are entitled to make privileged Wills and they must be in writing  and attested to by at least one person. The persons who are entitled to make privileged Wills are:

a) A mariner or seaman being at sea. See section 6 Wills Law of Lagos; section 11 Wills Act.

b) A crew of a commercial at air. See section 6 Wills Law of Lagos; section 11 Wills Act

c) Military personnel in active military service However, under s. 276 Armed Forces Act, section 193 Air Force Act there are two conditions which a soldier making a privileged will must satisfy

     i) The will must be in writing

   ii)It must be signed by the military personal in the presence of a witness and the witness must attest to the signature in his presence.The will must be attested by an officer also in actual service or a government medical officer

Written Customary Wills: Where the written customary law will was not drafted by a solicitor, it must be proved to be genuine. To prove this validity, a party needs to show that the testator was an adult, knew what he was doing and its effect, and had made the will in the presence of one or more adult witnesses. A written will is usually a typed Will that has to be dated and signed in front of two witnesses. The two witnesses must also sign the Will. All three (you and your two witnesses) must be together when signing. The two witnesses cannot be beneficiaries under the Will. A written Will is governed by law and statutes. 

IMPORTANCE OF A WILL

A testator's Will permits them to do the following:

Assign the assets to friends and family in accordance with his or her wishes.

Select dependable executors who will take the beneficiaries' interests into consideration.

Make burial and funeral plans in advance.

Assign guardians to minors.

Restrict or eliminate the use of family customs, rules, and traditions

Aid in removing or lessening hostility between family members

Capacity to make a Will

All adults are inevitably able to make a will. Nonetheless, it is crucial to note the following:

An infant unless in actual military service or a seaman cannot make a Will. (An infant is under 18 years of age)

A mentally disabled person cannot make a valid Will whilst this disability subsists.

A blind person can make a Will, but it has to be shown that the Will was read to him and he appeared to perfectly understand the contents before he attested to it. An attestation clause will usually suffice for this type of person.

An illiterate can make a Will, but it must be shown that the contents were read over to him and that he appeared perfectly to understand and approve of same. An attestation clause similar to the blind person above will be useful for this type of individual.

[20westlegal]

Dealing with estate administration can be tough, but you're not on your own. At 20West Legal, we provide expert help to make the process easier, making sure your loved one's legacy is carefully looked after.

👉 Ready for peace of mind? Contact us today to learn how we can help with your estate administration needs. tinyurl.com/book20westlegal

[queensprobatelawyer]

Managing Probate with Knowledge: Your Reliable Probate Attorney in New York

Discover peace of mind during challenging times with our seasoned probate lawyer in New York. Our dedicated legal team simplifies the probate process, providing comprehensive guidance and support. Trust us to handle your estate matters efficiently, ensuring a seamless transition and safeguarding your loved ones' interests.

[realestateplanning]

New York Best Estate Settlement Process Attorney

Have you required an Estate Settlement Attorney in New York City? Ron L. Meyers & Associates PLLC lawyers have experience advising you in Estate Settlement Process and we fight for our clients zealously. Call our New York estate planning lawyer for a prompt free consultation concerning Probate, Estate Planning, Real Estate matters. We are known for achieving the desired results fast and effectively. 

[filealife]

Wills and estates is one of the most important areas of law, affecting every person at some stage in their life. What is the trend during COVID and are online DIY Wills causing more harm than good?

[norfolkwillwriting]

Need the expertise of a Probate team in Norfolk? Come to Norfolk Will Writing!

We can provide you with practical and bespoke advice to suit your individual requirements.

Our team will take full responsibility for completing the Estate administration process for you, which gives you much-needed  peace of mind that everything is being taken care of.

If you're looking for unwavering compassion and support, from people you can trust - get in touch with us today

[memorialmerits]

The process of probate can seem

[villegasfirm]

📜 Estate Administration El Paso, TX | Villegas Law & CPA Firms ⚖

Learn more at https://bit.ly/3b8gy4Y 🚻 The Executor or Administrator has essentially 3 duties, which are as follows: ℹ️ Identify and Collect the assets of the Decedent’s estate; ℹ️ Pay any debts that the Decedent owed at the time of his or her death; and ℹ️ Distribute the remaining assets according to either the Will or pursuant to Texas law if the Decedent died without a Will. 📲 Call us today at  (915) 412-6800 to schedule a consultation over the phone or virtually via your smartphone or laptop.

[kasuniclaw-blog]

Carl P. Kasunic Co.

Carl P. Kasunic Co. offers legal advice and representation for our clients in the following legal areas like social security disability, nursing home negligence,  estate administration, business organization issues etc.

[queensprobatelawyer]

Probate Lawyer vs. Criminal Lawyer: What’s the Difference?

If you need help with the legal stuff related to your estate, such as wills, trusts, or real estate, you need a probate lawyer.  

 A probate lawyer knows how to deal with the probate process, which is when you must file papers in the probate court, find out everything about the probate case, and show proof in the probate court.  

 A criminal lawyer is not the same as a probate lawyer, because a criminal lawyer helps you with criminal defense, criminal case investigation, and showing proof in the criminal court.  

The main difference between a probate lawyer and a criminal lawyer is that the probate lawyer helps you with estate law, whereas the criminal lawyer deals with criminal law. 

What is the difference between a probate lawyer and a criminal lawyer? 

A probate lawyer is a lawyer who deals with estate planning and asset distribution after an individual’s death. A criminal lawyer, on the other side, is a lawyer who deals with the prosecution or defense of criminal offenses. A probate lawyer knows how to plan your estate, make your will, and set up your trusts. A criminal lawyer is specializes in criminal law such as rape, murder, robbery, etc.  

A probate lawyer has the training and the license to assist people with their estate matters, such as wills, trusts, and planning. A criminal lawyer also has the training and the certification to assist people with criminal matters, such as defense, prosecution, and law. 

 Probate lawyers and criminal lawyers are different in several ways, such as: 

Nature of their cases: 

Probate lawyers deal with civil matters involving the distribution of property after death, while criminal lawyers deal with criminal matters involving the violation of laws and regulations. 

Type of clients they serve: 

Probate lawyers serve individuals or families who need help with estate planning or administration, while criminal lawyers serve individuals or organizations who are accused or suspected of committing crimes. 

Type of courts they appear in:  

Probate lawyers appear in probate courts, which are specialized courts that handle matters related to wills, estates, and guardianships, while criminal lawyers appear in criminal courts, which are general courts that handle matters related to crimes and punishments. 

The final say 

A probate lawyer is someone who helps with estate issues. Families hire them to help with the probate process and to make sure their estate is managed properly.  

A criminal lawyer, on the other hand, is someone who helps with criminal law cases. Individuals and corporations hire them to defend them in court.  

Probate lawyers and criminal lawyers are the two different types of lawyers that have different roles and responsibilities, areas of expertise, types of clients, types of courts, and types of outcomes. 

If you are facing some family disputes regarding estate planning, and are looking for a probate lawyer in New York to set things right – you have come to the right place. You can call for free consultation on the given number. 

[lhhlegal]

Another great day at the #wealthcounselsymposium learning about trust administration, trustee services, estate planning for taxable estates, and business succession planning. Keynote Speaker @michaelegerber also presented on the #emyth. Long Hagan Huff-Harris is looking forward to more excellent sessions the reminder of the week to help serve clients and their families better. #boston #estate #estateplanning #estateadministration #trust #trustee #lhhlegal https://bit.ly/3AXTH8T

[realestateplanning]

Best attorneys at Ron L. Meyers & Associates PLLC can assist you with administration and Estate planning in new york city. We help the client in estate settlement. By preparing a will and other associated documents, we handle your Estate Planning Process. Our estate planning attorneys have decades of expertise assisting clients. Schedule a free initial consultation today