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

Recent Letter of Testamentary questions

My Mother passed away in March (father passed away 3 years

My Mother passed away in March (father passed away 3 years prior). She had a will stating that all assets should be split between her 2 adult (me and my sister). I am listed as executor and have power of attorney. She had one IRA account (less then $5K) that according to the financial planner is a "non-qualified" account with no named beneficiaries; therefore, this account has to go through probate. We were told originally that we need to get a letter of testamentary. Do I need to have a lawyer to get this letter? Do I have to go through probate court?

Read more

LawTalk

Attorney at Law

Juris Doctor

37,730 satisfied customers
I spoke with Ely earlier about my issues. My issue is I

I spoke with Ely earlier about my issues. My issue is I havent found the will yet, I am told the sole beneficiary on will, and the death certificate hasn't arrived yet either. I live in missouri and my Dad that died uses a mailing address in South Dakota, He has no property or anything that i Know of in SD, he has a lot of bank accts and maybe a trust which are all set up to POD to me. all the lawyers I have tried to hire say that a lawyer in SD has to start probate up there before anything can happen here. My question is should i go ahead and apply for executor of estate (would assume i would be appointed) and the The Letter of Testament should take effect as soon as probate starts correct ?? or should i play it safe and apply for executor anyway ??? As I said i believe the accts are all set up with me as beneficiary and probably POD ... i have hunch he set up a trust, but i am not sure he had time before he died. and i really dont have a problem with that ... does that change things also ? thank you in advance i REALLY appreciate it

Read more

Ely

Counselor at Law

Juris Doctor

69,502 satisfied customers
My father passed away in Texas without a will. The house in

My father passed away in Texas without a will. The house in which he lived in Texas was purchased by his mother (my grandmother) until her death, 12 years ago. After my grandmother passed away, my father continued to live in it until his own death also paying the mortgage.Based on what I can tell, before my grandmothers death, she transferred 1/6th ownership to my father through warranty deed. There is a warranty deed that shows a 1/6th undivided interest to the property in my father's name. There is a legal document that shows the preparation of and execution of my grandmother (my father's mother) conveying an undivided interest to my father from my grandmother.When I look at the county appraisal website, it shows the name of my grandmother. There is also a will written by my father and signed by my grandmother, stating that the house should go to my father after my grandmothers death. I cannot find anything that shows rights of survivorship or other terminology showing full ownership by my father.Do I (the eldest son) have any legal right to the house? My two aunts (my fathers sisters and daughters to my grandmother) are saying that the house belonged to my grandmother, therefore the house is theirs.Can you tell based on the information I provided if the house is theirs or do I have some legal right to it, some part, all of it, and how much? What about the possessions in the home? Also, is there a way to get a letter of testamentary myself, without hiring a lawyer?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,986 satisfied customers
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?

Read more

RayAnswers

Lawyer

Doctoral Degree

43,852 satisfied customers
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?

Read more

Infolawyer

Attorney

Juris Doctor.

42,896 satisfied customers
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?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,986 satisfied customers
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!

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,986 satisfied customers
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

53,986 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

53,986 satisfied customers
View more estate law questions
In The News