Usually, the laws of the state in which the deceased was last a permanent resident prevail regarding governance of probate issues – covering all of the deceased’s...
Archive - August 2019
An executor or administrator who is derelict in his or her duty may be held personally liable for damages caused in the administration of the estate. Liability may arise...
Are personal representatives usually paid for their work? It is not a requirement, but usually they are compensated. In some cases, the Will prohibits the Personal...
Of course not. It is always your option to serve or decline. Even if you agree to serve you can resign later. If you do quit before the completion of probate, you may be...
The main tasks of a Personal Representative are to: (1) determine if there are any probate assets; (2) identify, gather, and inventory the assets of the deceased; (3)...
It depends on the laws of the state, but usually isn’t an absolute requirement, but it is usually easier – especially regarding larger estates and real estate.
You could do so by appointing co-representatives or a secondary representative. However, this could not only cause problems during probate if there is a disagreement...
If there is a will, the Personal Representative (sometimes referred to as the “executor” or “executrix”) is usually responsible. If there is no will, an “administrator”...
Not necessarily, however, some legal method must be employed to transfer the legal title and ownership of the deceased’s property into the name of the beneficiaries...
While there is usually no legal requirement to use a probate lawyer, probate is a rather formalistic procedure. One minor omission, one failure to send Great Aunt Maggie...