Estate Law Questions? Ask an Estate Lawyer.
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Did your partner have any other assets that were in their name solely that would need to go through probate?
Has anyone filed a probate case to settle their estate?
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.
But they are only appointed by a probate court judge after filing a petition to be formally appointed to settle the estate.
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.
Ok, that makes sense because otherwise she wouldn't have been able to do anything with the car or house..
What is it exactly that the executor/Administrator needs to sign off on?
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..
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.
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..
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.