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Thank you for your patience. My condolences on your loss, first of all.To better assist you, I need a little more information first. "Letters" are issued when an executor is appointed after a petition to probate an estate is opened. But typically, when one spouse passes away, they own almost everything, if not everything jointly, so the other spouse inherits everything automatically, thus negating the need for probate. Did your mother have assets titled solely in her own name, like real estate, or a bank account?If so, can you estimate for me what the value of these assets is?
Thank you for your reply.Forgive me, but that legally makes no sense for the company to ask for Letters Testamentary (also called Letters of Administration) because as I mentioned, you would have to petition the court to open an estate and have someone appointed as executor, and then the court would have to issue them. The "Letters" are what give the executor the authority to settle a decedent's estate. But a decedent only has an estate when they have assets titled solely in their name It's usually a few hundred dollars to open an estate, for the filing fee.If the investment was in both their names jointly, then like any other joint asset it would simply pass to your father as the remaining joint owner.I would suggest speaking to the company again and informing them that a) your mother had no estate and so no probate will be opened, b) as such, no Letters will be issued and c) as a jointly titled investment, it should be put into your father's name individually now.
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