Allocating a family-member’s estate can be a challenging experience. Our estate administration, trust administration and probate services help direct these sensitive processes with careful attention to detail.
Where a person dies leaving a will appointing an executor, the will must be admitted to probate and the executor formally appointed by the court. However, if no will is left, or the will is invalid or incomplete in some way, an administrator must be appointed. An administrator performs a similar role as an executor of a will, except that the administrator must distribute the estate of the deceased according to the rules laid down by the Probate Code.
Certain property falls outside the estate for administration purposes, the most common example being jointly owned property that passes by survivorship on the first death. Other examples include death benefits from pension funds, accounts with financial institutions subject to a nomination and the proceeds of life insurance policies. Trust property will also frequently fall outside of the estate but this will depend on the terms of the trust.
A court-appointed executor is issued a document called “Letters Testamentary” to evidence the appointment and authority to act for the estate. Administrators are issued “Letters of Administration: and serve the same purpose.
Are you prepared? Have you given someone the legal authority to make medical decisions on your behalf if you are unable to do so through an Advance Directive or Healthcare Power of Attorney? Does that person know what you want AND what you don’t want? Do you have a Living Will which addresses your end-of-life [...]
Maureen just returned from the joint meeting of Northern & Southern California chapters of the National Academy of Elder Law Attorneys in San Jose. A great group of colleagues shared a wealth of valuable information. Thanks to all. In particular, thanks to Julie Fiedler of San Ramon for spearheading the efforts.