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Legal Documents FAQs »

[15 Nov 2008 | No Comment | ]

Can I leave my spouse out of the Will?
In most states, a will is unable to disinherit a spouse. The spouse has the right to claim a share of the estate, which must be done through court. She must file a claim into court and confirm that she is due a share of the estate and the court must then put a hold on the probate of the estate and look to the provisions of the state.
There a few states that are community property states that will not allow a …

Legal Documents FAQs »

[14 Nov 2008 | No Comment | ]

I want to disinherit my children from my will, as I have taken care of them already.
You can disinherit your children from your will without getting in to, too much complex legal issue.
The way it can be done is by expressly stating in your will that you want to disinherit them. Some people have usually set up some sort of trust fund for their children and therefore do not want to give anything on their death.
There are circumstances when you cannot disinherit your children, when the birth of the child …

Legal Documents FAQs »

[14 Nov 2008 | No Comment | ]

If I die without a Will?
If a person dies without a will this is called “Intestate”. The state laws then come into play, which governs what happens to your estate. No body else has control over your property, only the court can distribute your assets.
The court establishes your family and then distributes your estate, usually to your spouse, children, parents, siblings and so on.
Most people have certain items that they want to pass over to certain relatives, friends and charities. That is why it is important to have a will …

Probate »

[27 Oct 2008 | No Comment | ]

The thought of a loved one dying is hard to endure and the last thing you want to think about is applying for probate. Probate is the process that is initiated when a person dies to distribute the deceased estate to their families, friends and charities, these are called the “beneficiaries”, and to settle any debts for that person. It can, sometimes, become quite a complex issue, as each state has it own process of dealing with Probate.
Now if there is a Will the probate process becomes a little easier …