This will must be signed in the presence of two witnesses, not related to you or named in your will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the will.
North Dakota Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children
Category:
State:
North Dakota
Control #:
ND-WIL-01704
Format:
Word;
Rich Text
Instant download
Description
This is a Legal Last Will and Testament Form with Instructions for Divorced and Remarried Person with Mine, Yours and Ours Children. The will you have found is for a divorced person who has remarried. This will is to be used when there are children of the present marriage and either one or both spouses have children from prior marriages. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.
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FAQ
The simple answer is yes, probate is usually required in North Dakota. However, there are exceptions where an estate may not need to go through probate for the heirs to gain access to the assets.
If Probate is needed but you don't apply for it, the beneficiaries won't be able to receive their inheritance. Instead the deceased person's assets will be frozen and held in a state of limbo. No one will have the legal authority to access, sell or transfer them.
A. You don't have to have a lawyer to create a basic will you can prepare one yourself. It must meet your state's legal requirements and should be notarized.But be careful: For anything complex or unusual, like distributing a lot of money or cutting someone out, you'd do best to hire a lawyer.
Simply having a last will does not avoid probate; in fact, a will must go through probate. To probate a will, the document is filed with the court, and a personal representative is appointed to gather the decedent's assets and take care of any outstanding debts or taxes.
In North Dakota, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Probate is required when an estate's assets are solely in the deceased's name. In most cases, if the deceased owned property that had no other names attached, an estate must go through probate in order to transfer the property into the name(s) of any beneficiaries.
A properly drafted will that you have executed under the laws of one state will generally be valid under the laws of any other state.
Write a Living Trust. The most straightforward way to avoid probate is simply to create a living trust. Name Beneficiaries on Your Retirement and Bank Accounts. For some, a last will is often a better fit than a trust because it is a more straightforward estate planning document. Hold Property Jointly.