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Wills need to be accessible after the probate process is finished because someone (such as a creditor) missed during probate may have a claim on the estate. For this reason, probated wills become public records, which means anyone can show up at the courthouse and view them in their entiret...
Also, note that there is a specific period of time for creditors to file a claim against the estate. When an estate is probated — the process through which assets such as cash, investments and real estate aresold or divided among heirs— the process prioritizes creditors. Though unlike sec...
or their signature was forged, the will can be contested. Erskine says, "Usually, successful will contests are when the deceased makes a sudden and unusual change in their estate plan, and there is evidence of undue influence."
Property transferred to a trust should follow the formality required for any property that is being legally transferred. For example, a transfer of real estate to a trust requires a deed to be filed at the County Clerk’s Office in the county where the real estate is located. A transfer of...
Your old will likely named your spouse or parent as your first executor, then perhaps your sibling or a friend. Now everyone is three or more decades older (or deceased), and your younger family member may be up to the task of handling your estate affairs more expediently than y...