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Friday, March 1, 2019

Class Discussion Wills and trusts Essay

What consequences might there be if a forgets custodian fails to turn the go out over to the probate philander later on the decedents death? If a wills custodian fails to turn the will over to the probate court after the decedents death, the court may compel the custodian to plead the will this is if requested by the potential beneficiaries of the will, and if the custodian fails to produce the will, he or she may be subject to criminal charges (Herskowitz, 2014). When would a ain representative contain to institute an ancillary jurisdiction continue? A personal representative would have to institute an ancillary jurisdiction proceeding if the decedent owned, at the time of death, real property in a jurisdiction from the jurisdiction they lived in.This is required because other jurisdictions are not allowed to wee-wee distribution decisions about real property outside of their jurisdiction. The purpose is to delegate the title of the real property to the jurisdiction the t rustor lived in to keep the farming together. (Herskowitz, 2014). What steps might have to be chthoniantaken to find the will of a decedent? To find the will the steps the family of the deceased should take are 1. Search the decedents home and office first (ie dresser drawers, file cabinets, desk drawers, closets, the refrigerator, the freezer, books, under mattresses, and the attic) 2. Search the safety deposit box if one exists.3. The family can similarly check with all family members, an attorney or family friend that may have the will. (Herskowitz, 2014). What steps are required to prove a lost will?The person contending that the original will was lost must present a copy of the will, a proof of the wills execution and validity, by either, producing witnesses who will attest that the copy is a true and correct copy of the will or, a self-proving affidavit at the end of the will to the probate court. (Herskowitz, 2014).SourcesHerkowitz, S. D. (2014). Wills, Trusts, and Estate s Administration, 4th ed. upper Saddle River, NJ Prentice Hall.

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