There are ways to prove that when the personal representative and estate planning solicitor first send the will to the court, the Will is the actual instrument that a deceased individual made. Preston Estate Planning is one of the authority sites on this topic.
“Probate” is the method of presenting a will to the judge. Testamentary writings are identified by some states as the actual text, other testamentary instruments, and codicils. Codicils are written amendments that later in time are made to the Will.
The retirement planning lawyer must decide whether the will or other estate planning documents exist in the initial meeting with a personal representative. This is because the courts demand that the original instruments be submitted to them before proceedings can begin in the area of estate administration. Newspapers also carry ads from attorneys or personal members requesting information about a will ‘s position because it can not be identified.
If the document is found, along with a “Petition for Unsupervised Administration and Probate of Will,” it should then be submitted to the Court. There are several different kinds of legal documents with different legal titles. Usually, these documents begin with the word “Petition” and are then signed by the personal representative to check that the will attached to the petition is an original and is legitimate.
It must fulfil these conditions in order to establish a legally legitimate Will:
The person carrying out the will must be over eighteen (18) years of age.
The person has to have a sound mind,
The will must be written and signed by the person who makes it.
In the presence of the person making it and at least two ( 2) witnesses, the document must be signed.
Again, the laws of each state differ from the conditions of a true will. Before doing any serious retirement planning, every individual conducting estate planning should consult with their attorney. This will guarantee that the right protocols are followed and that your wishes are fulfilled.
Finally, if there is any question as to the validity of the Will, the correct action to be followed by a personal representative and the estate planning lawyer is to file the document with the court and request a ruling on the validity of the Will by the court. This also involves a brief trial where a judge is presented with witnesses and other evidence. If the will can be proved valid, the administration of the probate should continue and function smoothly.
Estate planning is a daunting practise. People can lose money due to lack of preparation without sufficient advice from an attorney. At the very least, upon your death, it is necessary to be aware of what you want to do with your debts and properties. The bare minimum is thinking about and writing down a proposal. When you have done so, you should make a Will and think about the possibility of extra estate planning. When making your Will, be sure to obey the correct procedure and laws in your state.