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Recent Letter of Testamentary questions

If 120 days have elapsed following a CA probate court

If 120 days have elapsed following a CA probate court issuing a Letter of Testamentary, under what circumstances can the will be challenged?

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RayAnswers

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Second opinion] Alex retained an attorney to file a cross

Second opinion] Alex retained an attorney to file a cross petition for Letters of Testamentary in a contested probate proceeding. Alex is the executor so named in the Will of John. Mary previously filed a Petition for Probate and Letters of Administration c.t.a. with the will attached!The lawyer for Alex told him that he needs to have a legal reason to tell the judge why he did not petition for Letters of Testamentary SOONER!Alex did not have the will of John! Therefore, he was unable to petition for Letters of Testamentary.What would a good legal reason be in the above situation?

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Infolawyer

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Juris Doctor.

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Alex retained an attorney to file a cross petition for

Alex retained an attorney to file a cross petition for Letters of Testamentary in a contested probate proceeding. Alex is the executor so named in the Will of John. Mary previously filed a Petition for Probate and Letters of Administration c.t.a. with the will attached!The lawyer for Alex told him that he needs to have a legal reason to tell the judge why he did not petition for Letters of Testamentary SOONER!Alex did not have the will of John! Therefore, he was unable to petition for Letters of Testamentary.What would a good legal reason be in the above situation?

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Barrister

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My mother created an Irrevocable Trust with me as her

My mother created an Irrevocable Trust with me as her Trustee. She passed in April. i am closing on her home Friday. I am the sole survivor of my family. I am the Trustee. The assets go to me first, and my descendants. i have wife and grown stepson. Are they my descendant, and if i die, do they inherit my funds. Am opening a checking accounts me as TTEE. A m to give $10,000.00 each to two relatives, the balance is mine $125,000. Again, if I die, does my wife inherit these funds? Thank you! Joseph X. Cavano, jr.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: New York State, Trust created in December 2014JA: Has anything been filed or reported?Customer: Letters of Testamentary and other related papers. All biils are paid, as well as taxes. Am legal executor of Mom's estate.JA: Anything else you want the lawyer to know before I connect you?Customer: Nothing at this time, Thank you!

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Barrister

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I have a rental property in North Carolina. The sole tenant

I have a rental property in North Carolina. The sole tenant passed away a few days ago and his Estate has not yet been formed. Family is very upset and wants to get his property out this weekend but does not have the letter of testamentary. I would like to get the property cleared so I can re-rent. Should I let them go ahead and take the property or wait for the letter?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,226 satisfied customers
I am on my Fathers (deceased) bank accounts with right of

I am on my Fathers (deceased) bank accounts with right of survivor ship, his Will states that my Brothers mortgage be paid off ( I am the executor as well) . How do I do this without incurring tax issues?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: North CarolinaJA: What documents or supporting evidence do you have?Customer: Letter of Testamentary from the court and the will states as wellJA: Anything else you want the lawyer to know before I connect you?Customer: Just want to know how to avoid any tax problems

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,226 satisfied customers
The executor of the estate and the attorney are refusing

The executor of the estate and the attorney are refusing contact regarding distribution of the assets. Once the Letter of Testamentary is issued, how long does the executor have before having to distribute the funds. How do I petition the court to force distribution or have myself appointed executor?I read the following."In any of the following cases a co-fiduciary, creditor, person interested, or any surety on a bond of a fiduciary may present to the court having jurisdiction a petition praying for a decree suspending, modifying or revoking those letters and that the fiduciary may be cited to show cause why a decree should not be made accordingly"

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Infolawyer

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Juris Doctor.

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I'm struggling to get distribution from a will. The Letter

I'm struggling to get distribution from a will. The Letter of Testamentary was issued. Both the executor and attorney are avoiding me. I sent the following to the attorney. In the past, just to get any information, I had to have my attorney call her, why, I have no idea.How do I get my money?Email to attorney:"To clarify, as in the past, are you requiring that I have an attorney to deal with you and .........., your client.The only reason I utilized an attorney in the past was due to your refusing to respond to my emails or give me any details on status of the will.As I understand, it is now your responsibility as fiscal agent to make sure the funds are appropriately dispensed. When were the 'letters' issued and is the money going to be distributed as per the will? If .......... doesn't issue the necessary documents and distribute the money, I am asking that you do.I am not looking for any legal advice from you in spite of the fact that I'm beneficiary and should be entitled to details. I understand that .......... is your client and seems to have exclusive access to you."

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jb156200

Associate Attorney

Doctoral Degree

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In probate. My husband and I put our own $ down to cover

In probate. My husband and I put our own $ down to cover some expenses for the estate. My deceased mother'sfunds were frozen till a certain date. I had some, but minimal $ to work with from the estate until funds from bank were available. So, for example, we paid the necessary balance at funeral home, the $ to publish letter to creditors and otherincidentals here and there. Are we free to withdraw out of estate funds the amount we paid from our own pocket? Dowe need to get permission from a probate judge?

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Ely

Counselor at Law

Juris Doctor

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