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Revise your will when your family changes

Significant family changes always signal the need to revise your estate plan. In particular, you should make a new will if you get a divorce, or if a child is born or dies. In several states, getting divorced automatically revokes gifts made to a former spouse in your will. In some states, however, your ex-spouse will still be entitled to take property as your will directs. If you remarry, state laws become even more complex. To be on the safe side, if you get divorced, make a new will that revokes your old one. If you want to disinherit your former spouse, simply leave him or her out of your new will-that will do the job.

If you have a new child after preparing your will, revise your will to account for the new child. If you don't, your existing estate plan will likely be disrupted when that child claims his or her share of your estate under law.

If a grown child dies, leaving children (your grandchildren), you should make a new will to provide for or disinherit these grandchildren. Then, make sure that all property you left to the deceased child is redirected to other beneficiaries.

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Find in the text English equivalents of the following phrases:

доказывание завещания, доказательство подлинности завещания постоянное местожительство отменять, аннулировать, отзывать бенефициарий, выгодоприобретатель

PROBATE - подберите к английским клише соответствующие русские сочетания

administration without probate

наследственное дело

admission to probate

утверждение завещаний

grant of probate

утвержденное завещание

probate judge

производство по делам о наследствах и завещаниях

probate action

признание истинности и юридической силы завещания

probate case

юрисдикция по делам о завещаниях/наследствах/опеке

probate jurisdiction

управление имуществом умершего без соответствующего правомочия

probate of wills

иск о наследстве

probate proceeding

отмена завещания судом

probated will

утверждение завещания

revocation of probate

судья суда по делам о наследствах, завещаниях и опеке

Offer words/phrases corresponding to the following definitions:

  1. a person receiving or entitled by law to receive property as the successor of the former owner -

  2. the whole of one's possessions, especially all the property and debts left by one at death -

  3. a person appointed by a testator to execute his or her will -

  4. the official proving of a will -

  5. legal disqualification -

  6. to confirm by evidence or assertion; to state authoritatively that; to provide evidence of-

  7. the recipient of funds, property, or other benefits, as from a will -

Answer the following questions:

1. In what cases does a will have to be revised?

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GIVE THEM LEGAL ADVICE: There are people who find themselves in difficult situations and seek legal help. Read these real-life stories, coming from E-net chat rooms, and give your advice based on your knowledge of either the US or Russian law. In the latter case begin your answer with "If this happened in Russia, I would say..."

1) Joint inheritance?

I have a friend whose husband is going to inherit some money and a house soon. Would someone tell me if that inheritance would be joint property in the case of a divorce?

2) Wills

My husband's mother who has lived with us for the past year is dying of cancer. My husband was named executor about one year ago. His sister wants to begin to settle things now. Is my husband required to show her the will before the mother's death?

3) Supposedly no will

My father died. He has 4 children. My Stepmother said he had no will. She and my father had no children. I saw a will of his some years back. Could this have been voided? She refuses to talk us. There are things he had before he married her. Is she entitled to everything? Please shed light on this situation. T

4) Contesting of Will

My grandfather has a will and is still alive. He has stated in his Will that his house will go to his two sons and to his grandson in equal shares per capita.

Now, the two sons don't know that the grandson was put into the will to inherit part of the house. The two sons are not going to be happy that the grandson is getting part of the house. The grandson has been living with grandpa for the last 5 years. He is the one taking care of him. We feel they might want to contest the Will. How would they go about that? And what are the chances of them doing that?

5) No cash to leave

] am elderly and wish to pass on to grandchildren possessions which I have, i.e., the car, the PC, the TV, the VCR, etc. — items which have little monetary value but which have sentimental value. I have no cash to leave to anyone. Could I just leave a list with my children to act as a

will?

6) Am I entitled to anything?

I had been seeing a guy for 1 year and got married 1 month ago. He passed away on July 8, 2003, due to cancer. He had a will written in 1995 and had left everything to his sister. Do I have any rights to anything? Personal items in the house - who do they belong to? He had a house with 40 acres of land that I am living in. Will that be mine or his sister's?

7) Under guardianship

Can a person who is under guardianship* make or revoke a will? My aunt who has dementia*

has a will made before she had a guardian. Can she revoke or make changes in her will during

lucid times*?

guardianship - опека; опекунство, попечение

dementia - слабоумие

lucid limes - периоды просвещения, периоды ясного сознания

8) Video will

Can a person have a video tape of himself stating the same things that would be in a written will and it become a legal will?

9) Ethics and wills

Is it ethical for the attorney drawing up a will for his client to add himself as the executor of the estate and all belongings, and also add himself as beneficiary of $10,000 on the will? It just doesn't sound right...also, when you draw up a will, then get married, is that will evoked?

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