What is the typical relationship between a pour-over will and a revocable living trust? Can a codicil be used to name advisors or consultants to the executor or trustee?
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what is a codicil Informational
- How can a codicil clearly define the scope of their authority? How does a codicil address the issue of fiduciary bonds for executors or trustees?
- What are the alternatives to establishing such a trust? Can a codicil be used to disinherit a specific individual who would otherwise be an heir?
- What steps can be taken to prove the contents of a lost or destroyed codicil? Can a codicil be challenged on the grounds of undue influence?
- Can a codicil specify how assets should be distributed in the event of simultaneous death?
- Are there limitations on the enforceability of pet care provisions in a will or codicil? How does a codicil relate to the concept of testamentary freedom?
- What medical or other evidence is relevant to assessing testamentary capacity for a codicil? What is the role of the probate court in relation to a codicil?
- What are the different methods for revoking a codicil (e.g., physical act, subsequent writing)? Can a later codicil revoke a prior codicil?
- What are the potential advantages and complexities of creating such hybrid trusts?
- How can a codicil ensure that a non-married partner receives intended benefits?
- What happens if both the will and any codicils are found to be invalid? Can a codicil be used to appoint a conservator or guardian for an adult child with disabilities?
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