Sugar Land, 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.

It depends on the signature card of the account. If the account is Joint Tenancy with Rights of Survivorship (JTWROS) or Payable on Death (POD) or Transfer on Death (TOD) or has a beneficiary designation, then a death certificate should suffice. In all other cases, an order from the probate court or letters testamentary / administration would be needed. In most cases, it's just easier to give the bank what they want for their internal bookkeeping purposes (in this case a death certificate) versus trying to explain to their staff why they don't need it.

No. You will need to petition to the probate court for an order the court will sign for her; however, in the petition you will want to request the court to assess fees and costs against her for an unreasonable refusal to agree to the sale and to charge her share of the sale proceeds for the fees and costs. The title company will want either her signature or a court order clearing your right to sell the property. Lastly, you could as a group , propose to purchase her share, but may have to pay a premium.