Join the 9 million people who found a smarter way to get Expert help

Recent Letter of Testamentary questions

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?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

48,924 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

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

48,924 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"

Read more

Infolawyer

Attorney

Juris Doctor.

38,258 satisfied customers
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."

Read more

jb156200

Associate Attorney

Doctoral Degree

296 satisfied customers
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?

Read more

Ely

Counselor at Law

Juris Doctor

66,072 satisfied customers
I am the administrator / sole heir of my mother who passed

I am the administrator / sole heir of my mother who passed away in California. Order of final distribution is complete. My problem is... I have a step brother who took a title to a vehicle in Minnesota. In order to get the title and vehicle back the DMV .. Dept of Public Safety wants a court order proving I am entitled to the vehicle. Well my CA certified Order for Distribution is not going to work as they wont accept it ... not in their jurisdiction? So now how do I go about getting a court order in Minnesota without having to go thru Ancillary probate. It's only the title and vehicle I want given back to my the rightful owner. Is their a way to submit my current letters of testamentary and Final distribution to be able to exercise power to assets in Minnestoa

Read more

Irwin Law

Juris Doctor JD

9,152 satisfied customers
My mother died last month. I am her executrix of her will

My mother died last month. I am her executrix of her will and the trustee for her revocable living trust. She lived in Florida and owned a house. I filed her will at circuit court and I filled a quit claim deed as well (property equally divided between my brother and me). I was told that I need to open an estate account in her name (I already have a checking account where I am joint with her). But I was told I need a letter of testamentary in order to do that. How can I get this letter (with the living trust I was told I don't need to go thru probate) in order to open the estate account. I was told my the surrogate court in NY (where I live) that I would have to get a letter from Florida first and then get an ancillary letter for NY in order to open her estate account in NY.JA: Since laws vary from place to place, what state is this in?Customer: The state is Florida. I live in NY.JA: Have you talked to a lawyer yet?Customer: No, my mother had a lawyer that prepared all the documents but when I tried to talk to her she sent me a letter saying she wouldn't talk to me without paying her money up front. Which is what I had intended to do ... But the letter put me off ... And since then I've found out she was not recommended.JA: Anything else you think the lawyer should know?Customer: There is no contention about the distributions to the beneficiaries of the will ... I'm just trying to get thru the process. We had thought having the living trust and all the paperwork would make this easier. Doesn't seem so.

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

48,924 satisfied customers
My Mother passed in 2010. I have an old will that she made

My Mother passed in 2010. I have an old will that she made in the 80's deviding everything between me and my sister. I have recently found some unclaimed money that she left but am told that I have to go thru probate court to claim it. What would probate give me to claim this money?

Read more

J. Warren

Attorney

Doctoral Degree

4,218 satisfied customers
Last year, my father added me to s checking account as an

Hi Pearl, last year, my father added me to his checking account as an authorized signature. He passed away four months ago and my uncle is the executor. I've been writing checks to pay the bills. How long after receiving letters of testamentary should my wait before closing that account and opening a new one?JA: Our average wait time is under 20 minutes. Sometimes it takes just a minute. More complicated questions that need more research might take an hour or two. I'd be happy to chat with you while you wait. The stories I've heard working here...Customer: How can I be sure everything is being handled properly?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: No, I haven't.JA: Anything else you think the lawyer should know?Customer: At this point, I'm just trying to trust that my uncle is doing what he is responsible for. It is all so confusing to me.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

110,622 satisfied customers
View more estate law questions
In The News