One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in language that is clear and indisputable. Alas, the language in a will may be unclear or vague. This article discusses the will interpretation and construction issues of precatory language, ademption, and abatement.
One of the most confusing aspects of estate planning is the numerous myths about co-ownership of property. Many people do not understand the differences between a tenancy in common and a joint tenancy with right of survivorship. Many people do not understand what a tenancy by the entirety is or was. Many people do not understand the differences between the common law forms of co-ownership and community property.
A trust has five main elements. First, a settlor transfers some or all of his or her property. Second, the property transferred by the settlor is designated trust property. Third, the trust property designated by the settlor is transferred with the settlor's intent that it be managed by another. Fourth, the trust property designated by the settlor is transferred for management by a trustee. Fifth, the trust property designated by the settlor is managed by a trustee for the benefit of a beneficiary.
When a person dies, the first thing that must be done concerning distribution of his property is to determine whether he left a will. In most cases, the spouse or children will know or have an idea that there was or was not a will. If not, a search of the deceased's papers and safe-deposit box may offer some leads. If the deceased had a lawyer or saw one before his death, the lawyer should be asked if he has any knowledge of a will.
A remarkable statement about the nature of charity entered the public domain after hotel chain founder Conrad N. Hilton died on January 3, 1979, in Santa Monica, California. As the founder and head of Hilton hotels, Mr. Hilton was a very financially-rich man. A portion of his will revealed that he had begun to measure the riches of a man or woman in other ways. In his will, Mr. Hilton bequeathed property to the Conrad N. Hilton Foundation. He also described the nature of charity as follows.
AV rated Lawyer:
Highest Rating per Martindale-Hubbell
At Robert Reid McInvale you can trust us to guide you through the legal process and provide personalized, reasonable, aggressive representation on such matters as:
![]()