Wills FAQs

• Q: What Does It Mean To Take Against The Will?
  A: A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one­third to one­half) of the deceased spouse`s … More
• Q: Is A Lawyer Necessary For Drafting A Will?
  A: Wills made without lawyers can be legally sound if the proper procedures are followed. For people with relatively simple estates, self­help books and computer … More
• Q: What Is An Ademption?
  A: The failure of a bequest of property in a Will. The gift fails (is adeemed) because the person who made the Will no longer owns the property when he or she dies. Often … More
• Q: Can Anyone Be Named As A Beneficiary?
  A: There are important restrictions on naming beneficiaries. In many states spouses have certain automatic rights that cannot be compromised in the Will.
• Q: Can Children Inherit From A Foster Parent Or Stepparent Who Died Without A Will?
  A: A child can inherit from a foster parent or stepparent, who died without a will, even though the foster parent or stepparent did not adopt the child if the following … More
• Q: What Is An Alternate Beneficiary?
  A: A person, organization or institution that receives property through a Will, Trust or Insurance Policy when the first named beneficiary is unable or refuses to take … More
• Q: Does Filing For A Divorce End A Spouse's Right To A Share Of The Estate?
  A: Simply filing for divorce or legal separation does not automatically disinherit a spouse. Most states give a spouse the right to your assets under elective share or … More
• Q: What Is An Augmented Estate?
  A: An augmented estate is property left by the decedent`s Will plus certain property transferred outside of the Will by gifts, joint tenancies, living trusts and other … More
• Q: What Is A Bequest?
  A: The legal term for any personal property, with the exception of real estate, left to a beneficiary in a Will.
• Q: What Happens To My Will After I Die?
  A: After you die your Will is administered by the personal representative or executor whom you designated in your Will. Your personal representative will then retain an … More
• Q: What Is A Codicil?
  A: A codicil is a document that is used to explain, change, add to, or take away from, the existing will. It is not meant to contain the entire will itself, nor is it … More