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met sister at dads bank,,,,,, it has got to go through probate, she said her son can do it as he is a barrister . im not sure if he can. she also said she would take her time in doing money is the root of all evil,
Most or all in the USA,Power of Attorney is void after death.That's when executors come into play.Having your brother sign for you isn't the best idea to avoid probate.
The question: Are you one of the executors or are you a back-up executor? If you are one of the main executors, this is a very interesting information. By the way, you do understand what an executor's duties are, right? I've included it below - for clarification.
**What happens if more than one executor is appointed?
No matter how many executors are named, for practical purposes it’s usually easier if one of the executors undertakes the administrative tasks on behalf of all the executors.
The executors should meet to discuss the practical side of carrying out their duties, and whatever is agreed should be put in writing and signed by them all.
All the official paperwork may have to be signed by all the executors, even if they agree that one of them is doing the administration.
**What are the duties of an executor?
Duties of an executor involve corresponding with other parties, keeping meticulous records, filling out forms and being answerable to creditors, beneficiaries and the intentions of the deceased, as recorded in the Will.
Executors’ duties include the following:
**Administration
=Taking an inventory of the deceased’s possessions and debts
=Notifying and corresponding with all relevant organisations to gather together all the assets
=Paying all bills, debts and charges on the estate
=Searching for any unclaimed or missing assets
=Distributing the legacies (whether specific items, cash sums or residue)
=Preparing and distributing estate accounts to interested parties
=Distributing the residue of the estate to the beneficiaries
=Following the testator’s wishes as closely as possible.
**Legal
=Applying for a grant of probate (in England & Wales, and Northern Ireland) or confirmation (in Scotland) to prove that the executors have the authority to deal with the deceased’s assets to those institutions and authorities that hold assets in the deceased’s name
=Identifying and dealing with any claims against the estate
**Tax
=Completing inheritance tax returns and paying any inheritance tax due
=Completing any income and capital gains tax returns and paying any outstanding tax
**The executors’ aims are to:
= Identify the assets of the estate and assess their value at date of death.
Identify the deceased’s debts and pay them.
= Distribute the legacies.
= Get more detailed information and advice on the duties of executors in Lawpack's Executor's Guide.
H.M. Government (Probate Service). Customers wishing to make their own search, can do so by visiting the probate registry in person. A return visit would be required, as copies are not issued on the same day. The cost of obtaining a probate record from the Government Probate Registry is £6.00. For the probate registry address, please see the government website at: www.justice.gov.uk/courts/probate/probate-registries
The website is from......probate records. co. uk .......
I'm still Googling.....
Again, you really need to educate yourself ASAP. I think it's best that you get a lawyer. Here on island, we have a lawyer that handles court cases for people who are poor (qualifies for food stamps and free housing by the govt.)
May I know what state you're living in? I'm curious too! I want to Google and see what's involve with regards to will and probate.
Just from the top of my head, I always thought that a will does not go through probate. What goes through probate is anything that is not mentioned in a Will. For example, if both parents die, and have no will, the house/land/bank accounts/bonds go into probate. There is a time period in which creditors can claim the money owed to them by your parents (medical bills, utilities, credit cards, etc... ) After that time period, whatever is left, is then divided among the surviving children. That is what I always thought. I could be very wrong. Hmmm... after I shower, I'm going to research this....