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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am the beneficiary on company stocks my life partner owned

Customer Question

I am the beneficiary on company stocks my life partner owned prior to her death. The paperwork I rec'd from Computershare to initiate transfer of the stocks to me requires the executor of the estate to sign in several places and have their signature medallion guaranteed. There is no will so there's no executor. What do I do to comply with the executor signature requirement?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did your partner have any other assets that were in their name solely that would need to go through probate?

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Has anyone filed a probate case to settle their estate?

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thanks

Barrister

Customer: replied 4 months ago.
She passed on June 9, 2016. I don't know anything about probate. She owned a house and car.
Expert:  Barrister replied 4 months ago.

Ok, if she owned assets that were in her name, then when she passed, they would go into her probate estate. What that means is that her estate now owns them and someone would have to file a formal probate case with the local probate court to settle her estate. If she had no will, then the person would apply to be "Administrator" of the estate, which is the same thing as an executor, just that there is no will. That Adminsitrator is who would have to sign off on anything from the company on behalf of the estate.

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But they are only appointed by a probate court judge after filing a petition to be formally appointed to settle the estate.

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With all that said, if no other family member is going to take any action with regard to her estate, that may mean that you will have to file the petition to be appointed Administrator so you can settle her estate and take whatever action the company needs so you can receive the stocks.

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thanks

Barrister

Customer: replied 4 months ago.
I'm certain her mother filed the petition to be administrator. She moved in, unannounced and took over. After she donated everything in the house and somehow got rid of the car, she had an attorney meet her at the house. I bet that resulted in her applying to be administrator. She detests me. The chances of getting her to sign the documents are zero. What should I do next? Send her the paperwork in a certified mail and ask for the signaturesJ?
Expert:  Barrister replied 4 months ago.

Ok, that makes sense because otherwise she wouldn't have been able to do anything with the car or house..

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What is it exactly that the executor/Administrator needs to sign off on?

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The reason I am asking is that generally if someone makes another person the beneficiary of investments, that person would just need to submit a death certificate and fill out whatever claims form the company required. Having the executor sign off isn't something that is normally required because the executor only has power over estate assets. So if the stocks were left to you in some type of beneficiary designation, then the executor wouldn't have anything to do with it..

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thanks

Barrister

Customer: replied 4 months ago.
If my life partner's mother met with the attorney on June 14, is reasonable to believe that she has been made administrator yet? Should I wait to send the request for signature? And how long should I wait?
Expert:  Barrister replied 4 months ago.

A little over a month... that is enough time to file a petition, get it heard, and then be appointed Administrator. So yes, she likely has been appointed.

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But all you need to do is call the local probate court and ask if a case has been opened in your partner's name... They are public records so anyone can get that information..

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If she has, then you send the form to her certified mail requesting her to sign off wherever it is necessary. If partner left the assets to you, then mother can't get them and really doesn't have any reason to refuse unless she is just a jerk. If so, then you would have to file a petition with the probate court judge who is handling the case to have him order her to sign as part of her job of settling the estate.

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thanks

Barrister

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