When dealing with wills and probate, there are a lot of issues that could potentially come up. Because of this, many people find themselves asking questions about the process. Here are some of the most frequently asked questions when it comes to wills and probate.

Can a Will be Changed?

A will can be changed, but it has to be changed before the individual with the will dies. In order to change the will, you cannot simply write something else onto it. Anything extra that has been written on a will, will be looked at as something that was added after the fact. If you are going to make a small change to the will, you can use what is referred to as a codicil. If you are going to be changing an amount of a cash gift or something small like this, you should use a codicil. If you are going to be making a significant change such as altering the primary beneficiary, you will want to create a new will. In most cases, it would be advisable to seek legal help with this process.

How Do You Contest a Will?

Many people find themselves wanting to contest a will after they discover the contents of it. While you can contest a will with the court system, you need to make sure that you have a legitimate reason for doing so first. There are 4 reasons that you could potentially contest a will. One reason that you could contest the will is if it was not signed properly according to state laws. Another reason that you could choose to contest a will is if it is fraudulent. You can also contest a will if the individual was coerced into signing it by someone else. Another reason that you could contest the will is if you believe that the individual did not have the testamentary capacity to do so.

How Does Joint Tenancy Work?

Many properties are held with a joint tenancy agreement. This means that more than one individual is typically the owner of that property. An example of this would be when a married couple owns a house and both parties have their names on the title to the property. Whenever one of the spouses dies, the other spouse would then become the sole owner of this piece of property. When you are dealing with property that is owned in this manner, it does not have to go through the normal probate process. The ownership rights will transfer immediately. 

What are the Requirements for a Will?

In order for a will to be upheld, it will have to meet certain requirements. In order to create a will, you have to be of legal age. In most states, this means that you have to be at least 18, however, there are states that will allow you to create a will as young as 14. You also have to be of sound mind. You have to write out the will and sign in front of witnesses. Terms of what makes a will valid will vary from state to state as well.

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