It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »

If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »

I am so sorry for your loss and even more sorry to be the bearer of bad news, which is that no amount of testimony will fix a failed or missing estate plan. If your boyfriend died with no surviving spouse or parents or children and no written estate plan and no designated death beneficiaries, then... Read more »

Your friend has every right to change his identification of "next of kin" with the bank any time he wants and your signature is not required.

Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.

In theory, yes, you can sell your remainder interest, but as a practical matter you might find it difficult to find a buyer who is willing to wait until both life tenants pass before he can take possession of the property.

The life tenants could also sell their life estates but, again, as a... Read more »

If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... Read more »

The plan of distribution you have described is perfectly legitimate and rather common. The nephew would not be able to challenge is just because he does not like it. To challenge it he would have to prove that the parents (makers of the trust) were not of their right mind when they signed the... Read more »

You stated that your aunt passed and so now your uncle owns 100% of the house, but that may not necessarily be true. It depends on how they held title. If they held title as joint tenants with right of survivorship that is true, but your uncle should record an affidavit of death with a death... Read more »

The main purpose of probate is to transfer assets that are still in the name of a deceased person. If there are no such assets, not much purpose would be served by opening a probate.

That is a real bummer, but when someone dies without a will, then state law determines who inherits. If your friend died unmarried but with one or more living children, typically the children inherit. Even though the daughter might not be strictly following the proper legal process, chances are... Read more »

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »

As the court-appointed executor, you have right to demand and receive all items stolen from the estate. You might need to hire an attorney to help you with this if the thief does not voluntarily return them.

If you have presented a proper small estate affidavit to the insurance company and you have returned the check to them with the small estate affidavit, the insurance company is obligated to replace the check with a new one made payable to the person who is entitled to the funds according to the... Read more »

There is not enough information in your recitation of facts to answer your question.

Your question cannot be answered without reviewing the trust instrument. A well written trust instrument covers this possibility.

It is impossible to answer your question without reviewing a chain of title and also the trust instrument. After reviewing those items additional documentation may be needed, such as death certificates. Look for a probate and trust administration attorney in your area and schedule a consultation.... Read more »

Yes you need two witnesses, even if your will is notarized (two witnesses are mandatory, notary is optional but recommended), unless your will is entirely in your own handwriting.