With over 25 years of experience as a lawyer and trust officer, Julie Ann has been quoted in The New York Times, the New York Post, Consumer Reports, Insurance News Net Magazine, and many other publications.She attended Duquesne University School of Law in Pittsburgh and received her J.D.Tom Catalano is the owner and Principal Advisor at Hilton Head Wealth Advisors, LLC.
![]() He holds the coveted CFP designation from The Certified Financial Planner Board of Standards in Washington, DC, and is a Registered Investment Adviser with the state of South Carolina. A will identifies beneficiaries, and it states what each of them should receive of the deceaseds property. It determines when and how each beneficiary receives their gifts, so its only natural that youd want to know if youre named in it. A will also names an executor who will be in charge of guiding the estate through the probate process. Movies, television, and books sometimes depict scenes involving the reading of the will, but this is an outdated, fictional scenario. It doesnt happen in real life, at least not in this day and age. Estate attorneys were in the habit of gathering the family in their offices to read the will out loud in days gone by because not all people were literate. A 2020 survey by Caring.com indicates that the number of people who had a will in 2020 was 25 less than those who did in 2017. ![]() One way to avoid looking for and wondering about something that doesnt exist is to simply check with the probate court in the county of the decedents residence. The will should be on record there if the individual who had it in their possession has had time to submit it to the court for probate. Check back a second or third time if you come up empty on your first contact. The estate attorney will determine whos entitled to receive a copy of the will and send it to these individuals, assuming the estate has an attorney. The most obvious people to receive copies are the beneficiaries and any guardians for minor children. State law usually dictates who receives a copy of a pour over will when the deceased also had a revocable living trust. This type of will effectively catches any assets or property that were left out of the trust by error or omission. It typically directs that the executor should move or pour these assets into the trust at the time of death. The executortrustee and the beneficiaries named in the trust might be required to receive a copy of the will if the executor and the trustee are the same individual. Only the executor and the trustee are required to see a copy in some states when these positions are held by different people. The estate attorney or executor might be aware that a disinherited heir-at-law or a beneficiary named in a prior will but omitted in this one might want to challenge the validity of the current will. They might send a copy of the current will to these individuals to limit the timeframe in which they can file a will contest.
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