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socrateaser
socrateaser, Attorney
Category: Estate Law
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Experience:  Retired (mostly)
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I need to complete/submit a Petition for Letters of Administration

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I need to complete/submit a Petition for Letters of Administration and the legal jargon is totally alien to me. I don't understand what information is being asked for on most of the lines. This monster document is 18 pages long. HELP!!!
Submitted: 7 years ago via LawDepot.
Category: Estate Law
Expert:  socrateaser replied 7 years ago.

This site does not provide legal representation, document drafting or advice. I "just answer" questions about the law.

 

If you have specific questions about the document, feel free to ask and I'll try to help. However, I cannot prepare the document on your behalf.

 

Alternatively, if you would prefer to get a refund, see: http://www.justanswer.com/refund.aspx.

 

 

Thanks in advance.

 

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Customer: replied 7 years ago.

I'm trying to complete the form myself, but i don't understand what some of the lines mean, such as:

"The estimated gross value of the decedent's personal property passing by intestacy is less than"...

 

"In addition to the value of the personal property stated in paragraph___ the following right of action existed on behalf of the decedent and survived his/her death, or is granted to the administrator of the decedent by special provision of law, and it is impractical to give a bond sufficient to cover the probable amount to be recovered therein: [Write NONE od state briefly he cause of action and the person against whom it exists, including names and carrier].

 

WHAT?????

 

 

Expert:  socrateaser replied 7 years ago.

"The estimated gross value of the decedent's personal property passing by intestacy is less than"...

 

A: "Gross value" is the value of the property, not including any loans against it. For example, if there is a vehicle with fair market value of $10,000 and a loan against it for $12,000, the "net" (real) value of the vehicle is -$2,000. But, the gross value is $10,000.

 

"In addition to the value of the personal property stated in paragraph___ the following right of action existed on behalf of the decedent and survived his/her death, or is granted to the administrator of the decedent by special provision of law, and it is impractical to give a bond sufficient to cover the probable amount to be recovered therein: [Write NONE or state briefly the cause of action and the person against whom it exists, including names and carrier]."

 

A: This paragraph is asking whether the decedent had any lawsuits pending in which he was the "Plaintiff" (complaining/suing party), rather than the "Defendant." If so, then you can't easily post a bond, because you have no idea how much you are likely to recover on the decedent's behalf, because the court hasn't given a final judgment in the matter.

 

If there are no lawsuits where the decedent was plaintiff, then this paragraph is inapplicable, and the answer is: NONE.

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