| Probate -- Notice and Appointment |
| In most states, after the petition for probate is filed, the Probate Court will order that notice of the petition be given to the heirs and other "interested" parties (those who may not be heirs but who may be named in the will) and, in some cases, that "publication" must be made. Publication is the placing of legal notice in the local newspaper to the effect that John Jinx, a resident of Boston, Massachusetts, has died and a petition has been submitted to the court asking that Jane Jinx be appointed as the executrix (or administratrix if there was no will) of his estate.More... |
| Will Contests -- Undue Influence |
| When someone influences a testator to make out his will and leave his property in a manner that he would not have done were it not for the influence, then the will is the result of "undue influence" and is invalid. Almost every would-be beneficiary who is left out of a will thinks he has a case of undue influence against another beneficiary who is suddenly named to receive most or all of the estate. This seems to happen very often, for instance, where children are omitted in favor of a new spouse. Unfortunately, undue influence is extremely difficult to prove, as it is usually done subtly, over a period of time, and there is no specific act or incident that clearly reveals it. Therefore, it must almost always be shown by circumstantial evidence. (Here's an example of circumstantial evidence: You checked your mailbox and found some mail. Then you noticed prints in the snow of exactly the type of boot your mailman wears in the winter. Although you didn't actually see the mailman deliver the mail, the circumstances strongly indicate that he delivered it.)More... |
| Estate-Tax Valuation -- Other Assets |
| Life insurance on the decedent that is received by or for the benefit of the estate is taxed in the estate. (Note that many state death taxes do not require inclusion, or provide special partial exclusions for life insurance proceeds.) The amount should be the amount received by the beneficiary, including any dividends and premium refunds paid to the beneficiary.More... |
| Letters of Instruction |
| Your will should not mention each one of your possessions because their value and nature change as time goes on. Revising your will upon every change would be both inconvenient and costly. Instead, your will should use general language in addressing the disposal of your possessions. However, it is important that you keep an updated record of all your possessions in order to assist your survivors.More... |
| Living Wills -- Life-Prolonging Procedures |
| Your healthcare decisions are likely to be influenced by many factors, including your medical history, your knowledge of other people's experiences, or your religious beliefs. While putting together your living will, you should become familiar with the kinds of medical procedures that are most commonly administered to patients who are seriously ill. Of course, the types of medical procedures that are available change as time passes. Additionally, the treatments that are available vary by region, depending on the sophistication and financing of medical facilities. More... |
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