If you have ever heard a story that talks about someone that was shocked to learn of a loved one’s intentions in their will after they have passed, you might have been witness to undue influence. This nasty and hurtful process involves a less than well-meaning person using his influence over a supposed loved one […]
Widerman Malek Law Blog
No Will: What Happens to Probate Assets?
I am not sure why someone would not have a will in today’s day and age, but it happens more often than you might think. Why would you want your family members fighting over your assets after your death? Wouldn’t you rather everything went to the person that you wanted it to go to? A […]
What is Formal Administration?
When a loved one passes and they have left behind adequate assets that go above and beyond the expenses of their funeral and burial, formal administration of their assets may be necessary. This of course can be avoided if they have a will or trust that names specific beneficiaries or there is joint ownership of […]
Laws on last wills and testaments
Many people think that it is not necessary to leave behind any last wills and testaments about their personal belongings for various reasons. This is a wrong choice as in such a scenario, the state will make one on its own, which may create a point of contention and a series of law suits between […]
Key Elements to Consider in a Will
Unfortunately, most people die without a will, and of those people more than 50% have children. The majority of individuals feel that they don’t have the knowledge to create a will or that it will take too much time to prepare or that they really don’t have anything to leave behind so they feel there’s […]
Do you have a last will and testament?
I’m sure everyone has heard of families who have fought bitterly over the assets left behind when a loved one passes on. There are arguments over who gets Aunt Bertha’s china, who inherits Grandma’s recipe book, who gets mom’s jewelry or dad’s antique car collection. When nothing is written down to show your desire on […]
Unusual last wills
To leave your surviving spouse the house and all the money in the bank accounts seems like a very normal thing. Perhaps you might leave a small percent to a charity or church. Maybe you want your favorite granddaughter to have your wedding ring set to remember you by. Again, all normal bequests to have […]
Common Law marriages and wills
Relationships are confusing. It’s difficult enough to keep on going these days without worrying about any legal situations in a relationship. Before the 1960’s it seemed the “normal” relationship for males and females was marriage. Living together was not considered legal. As laws relaxed regarding cohabitation, many couples opted to live together prior to making […]
Executors, Who Can Be One and What Do They Do?
When you create a living will, last will and testament, or any type of will that involves assigning assets or specifics to family members, it can become difficult to elect an individual to carry out the instructions of your will. It can become a great honor to be named someone’s executor, but it can also […]