We have a signed will which is witnessed and signed by first party. It is not notarized, though. Will it hold up in court?

If signed by one witness-it would not be valid. You should have an experienced estate planning attorney draft and have the will properly executed.

My husband and I have been married about 20 years, but he is in bad health. He has no will. Do I need to file for power attorney

You and your husband need to make an appointment with an estate planning attorney. You both need power of attorney documents along with living...

Does a Trustee for the benficiary of an estate have all controls of how the benficiary is allowed to allocate funds?

You are entitled to a copy of the trust and a accounting of the assets. If you are unable to attain these items-hire an attorney to obtain and...

Over two years ago, I transferred title to my son on my real estate property in South Carolina due to illness.

So-I assume the deed was from your joint trust to your son. If so-your creditors could not take the transferred property but your son's...

If a trustee is not fulfilling their duties can the beneficiary go before the court to remove them without an attorney?

The attorney you retain might be able to get money from the trust for fees-this depends on the circumstances of the case and if the behaviour of...

If a person is listed as the executor on life insurance & theres no will & it goes to the estate who gets the life insurance?

The state of residence of the deceased has written a statutory will for anyone who dies without a will. Good example why everyone should have a...

Does nys durable power of attorney cease at the death of the principal?

All POA'S are void upon death. At that point the executor or trustee would take over which could be the same person.

How can discretionary powers be used by an executar in a will?

You need to hire an attorney to explain the provisions in the will and to make requests for you according to the language in the will.

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A living will states that the person does not want to be kept alive if in a vegatative or end stage condition. Did you mean a living trust or...

When a car is purchased between 2 strangers and one passes away who owns the car? Does half of it go to their estate?

It is possible the auto was owned "or" which means that if one owner died-it be owned 100% by the other.