Anson, TX Estate Planning Law Firms & Lawyers

If you, as the Administrator, are represented by an attorney then your attorney should properly advise you about your duties. If you feel like your attorney has not properly advised you, you should feel free to contact your attorney and express that you are feeling unsure about your duties and responsibilities as Administrator. If you are still not satisfied after speaking with your attorney, you might be well-served to consult with another attorney. Unfortunately, some attorneys advertise that they practice probate law, when the reality is that they do so very infrequently and are not as familiar with probate law as they should be. You should ensure that your probate attorney is experienced in probate law and that probate is a main practice area, not just an occasional practice area. If you are not represented by an attorney, you are responsible to understand your duties and responsibilities on your own. In Clark County, Nevada, the Court will not provide you with any documents or forms describing your duties. Title 12 of the Nevada Revised Statutes (Chapters 132-156) governs probate law and procedure in Nevada. You should review and become familiar with the requirements of these Chapters, though this may be a daunting task for a non-attorney. Accepting the position of Administrator requires you to perform your duties properly, whether you are represented by an attorney or not. If you fail to perform your duties properly, you could subject yourself to personal liability for any harm caused to the estate. Though it is possible to perform your role as Administrator without an attorney, you would be well-served to retain an experienced probate attorney who will help you understand your duties and responsibilities and will ensure that the probate administration is performed properly and quickly.

As far as what percentage of the estate you can expect to receive, that will depend on whether there is a will or not. If there is a will, then you will receive whatever is provided for you in the Will. If there is no will, then your inheritance will be determined by the default Missouri laws, which can be found in the Missouri statutes at section 474.010. Essentially this law provides that the spouse gets everything if there are no kids; if there are kids and a surviving spouse, then the spouse and kids share (though the spouse is entitled to claim some extra property, such as the marital house/car/household items, etc.); if there is no surviving spouse, then the kids split everything equally; if there are no surviving kids and no surviving spouse, then the parents and brothers and sisters split everything equally; and so on. For your other question, your duties as Personal Representative of an Estate in Missouri are numerous. Your attorney should be able to provide you with a list of duties, and if you contact your local probate court, they may have a list of duties they can provide you as well. When a new estate is opened and one of my clients is appointed as the personal representative, I usually send them a letter with the following checklist of things they need to make sure they look into: 1. Obtain the original will, with all codicils and written statements or lists disposing of tangible personal property in accordance with ? 474.333, RSMo., and provide the original will, codicils and written statement or lists to me; 2. Obtain all of the decedent?s deeds, titles for vehicles, bank and financial institution statements, and other evidence of title to assets owned by the decedent, and provide the information to me; 3. Forward mail delivery from the deceased person?s address to your address; 4. Identify the estate assets and their location; 5. Safeguard the assets, including the residence, and consider arrangements to continue utility services; 6. Inventory the decedent?s safe deposit box (it is advisable to have a disinterested witness with you at the time); 7. Confirm that the real estate and tangible personal property are adequately insured and that successors in interest are protected; 8. Collect and cancel any credit cards, charge accounts, magazine subscriptions, etc., stop automatic withdrawals if appropriate, and request final statements and refunds; 9. Prepare insurance claim forms for life, health, and accident insurance and collect the proceeds, making copies of policies for estate tax use before mailing. 10. Caution all beneficiaries against payment of the debts of the deceased from their own funds; 11. Terminate any leases and utility services, if appropriate, in connection with rentals, and/or instruct tenants to direct payment to you. 12. Notify any attorney-in-fact who was given a power of attorney of decedent?s death; 13. Obtain valuation letters from the banks or other financial institutions where estate assets are held, and facilitate any appraisal of estate assets that may be needed; 14. Obtain tax advice from a certified public accountant and apply for employee identification number for estate?Treasury Department Form SS4; 15. Open an estate bank account in the name of the personal representative (clearly identifying yourself as personal representative) and transfer bank accounts of the decedent to estate accounts, and deposit all estate funds in estate account and pay all obligations by check from that account (*Keep all personal funds separate from the estate account and estate assets*); 16. Determine if you have any claim for reimbursement or any other claim against the estate, which may or may not require appointment of administrator *ad

As Executor of an estate, you will receive "Letters of Appointment" which is signed by the judge and which informs others, including banks, that you have the authority to collect the assets of the estate, pay all owing debts and taxes, and distribute the remains to the heirs. The bank should accept that document in place of the death certificate.