WILLS LAW AND CONTESTS
Writing a valid Will, Trust Administration, and Trust Fiduciary Duty
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Wills and Contests deals with the subject of inheritance and the administration of trusts; no matter how long you live, there comes a day when you shall take the voyage to the land of no return and then what happens to your loved ones, spouse, and children? Your will is the only voice that speaks for you when you are gone, it is that which shows your intentions, and the only instrument that determines how you want your belongings distributed among your survivors; however, for your will to speak from the grave it must be valid or else it is worth nothing but just a piece of paper that has no effect of the law and therefore, not suitable for probate. Without a valid will, your estate falls under intestacy and is subject to the default rule, meaning your belongings must be distributed according to the law of the jurisdiction not according to your intentions. Wills and Contests is about: how to write a valid will, what is probate and nonprobate property, what happens if one dies intestate without a will, what is the right of the adopted child, what rights does a posthumously conceived child has to a deceased donor’s estate, who is the parent of a child born by a surrogate mom for inheritance purposes, what rights do same sex couples and homosexuals have under the law of wills, intestacy and more. Wills and Contests provides answers to these questions and many more, using major Supreme Court and State Court cases dealing with the subject of wills, wills contests, and trusts administration.
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About the Book
Wills and testament, rights of inheritance, and successions are all creations of civil or municipal laws, and accordingly are in all respects regulated by them. What speaks when you are no more is your will; it is the voice that shows your intentions and from it, we may determine how you want your belongings distributed among your loved ones. While wills are essential (most especially for a large estate), not all wills are valid. For a will to qualify for probate, it must satisfy the demands of the law and meet the standard required for wills or else, the will is nothing but a piece of paper. One who leaves behind an invalid will, is not different from one who died intestate (without a will), since the will may not be probated, the default rule takes effect and all real and personal property of the decedent is distributed, according to intestacy law of the jurisdiction involved. It is presumed there is no will, the proper thing is to set aside decedent’s intentions and allow the law to take his position by ensuring proper administration of the estate.
About the Author
ABOUT THE AUTHOR Dr. Adeyemi Oshunrinade (E.JD) is the author of MURDER OF DIPLOMACY ‘Disarmament of Iraq and the Sanction regimes’ his first publication. Adeyemi completed his BA at Brooklyn College New York and his MS at Long Island University New York. He went on to take PHD classes in conflict analysis and resolution at NOVA Southeastern University in Florida and completed his E.JD degree at Concord law school in California. He resides in Brooklyn where he is hard at work on his next publication; Constitutional Law ‘The First Amendment’.