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The phrase is typically used to refer to a clause in a will that threatens to disinherit a beneficiary of the will if that beneficiary challenges the terms of the will in court. Many states [1] in the United States hold a no-contest clause in a will to be unenforceable, so long as the person challenging the will has probable cause to do so. [2]
However, not every state allows property owners to use a TOD deed — only 29 states plus Washington, D.C. allow for TOD deeds. An estate planning attorney can help you determine if it’s an ...
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A person or persons due to inherit property may enter into such a deed with the personal representatives (executors or administrators of an intestate estate) and redirect property due to the persons entering into the deed to whomsoever they wish. However, one cannot vary one's entitlement under a deed of variation.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
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The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it carries with it right to enjoy certain benefits of ownership of the property, chiefly income derived from rent or other uses of the property and the right of occupation, during his or her possession.
Texas allows the heir of a person who has died without a will to avoid probate by using a summary administration process with a small estate affidavit. A small estate affidavit can allow an heir ...