Moving Forward

If you are named or nominated to be the executor of the estate at hand now the real work and journey begin.

Let me preface this with:

I am not a lawyer and do not claim to be. Please take any information to be a substitute for legal advice. All situations and all estates are different, as are the laws in the state in which the will is being probated.  This is just an outline or guide as to what I did.

You must find a lawyer that specializes in wills and probate.  In my case the original lawyer who drafted the wills was dead and luckily the clerk of court was able to give me a number for the lawyer that “helped” when the original lawyer was sick  (died in 2015)  and he was able to get the original wills from the previous lawyers widow. So thank god for that. I chose to stick with this new lawyer to take us through the probate process.

But the first thing you should do if you do not wish to  execute the will is find out if there his an alternate and usually there is an alternate named in the will.  If there is not you can nominate someone else, perhaps a sibling or a grandchild of the deceased to take over responsibility.

It is necessary to get certified copies of the deceased death certificate.  Ten is a good starting point as you will need them for so many things.  You will need one to file the will the the courts, to turn off utilities, to close credit cards, to notify other entities of the deceased’s passing.  The funeral home will do this for you but you can order more through the Bureau of Vital Statistics of your state if you find you need more. The Social Security Administration is usually notified by the Funeral director.

You will need a Letter of Testamentary to prove to the banks, and other entities that you legally can act on behalf of the deceased to wrap up their estate. You can get this from the Court where in the county it is filed.

 

 

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