Chapter 14

Common Conundrums

Under the very best of circumstances, settling a decedent’s estates can be complex and time-consuming. However, there is a common assortment of fact patterns that can make your job even harder. Let’s look at the ones most frequently encountered.

Lost Will

It may be that your decedent signed a will but it cannot be located. Even if you know the contents of the will, you have to proceed according to the rules of intestacy rather than what you know to have been the decedent’s wishes.

For example, let us say that your decedent was the single father of three grown children. You know for a fact that he disinherited the youngest of them in his will. That will cannot be found. In the absence of the will, the law is going ...

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