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A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.
A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.
A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.
A "significant other" does not generally have any legal standing to request appointment as a personal representative unless they are the named executor in the will. You need to check your state laws.
What else can I help you with?
Can a personal representative of an estate contest payment to other siblings?
No. The court appointed estate representative must settle the estate according to the provisions in the will or the state laws of intestacy if there is no will. They have no personal discretion to dole out the assets unless that right is specifically granted in the will.
Would an executor's fee calculation include monies from a revocable trust that has a trustee other than the estate's personal representative?
Generally no because property placed in a revocable trust is not part of a person's estate.
Difference between a trustee and a personal representative?
In common law jurisdictions a personal representative is a generic term for the executor or administrator of an estate. A personal representative can also be a person chosen to manage the day-to-day affairs for some other individual under the authority of a Power of Attorney . A trustee is the person appointed by a trust document to manage the property held by the trust.
What is the Estate executor fee in Georgia?
Executor's fees (the fees which the personal representative may receive from the 'estate') are controlled by contract, agreement and expressed in the will or separate documents. Or the Georgia statutes spell out the pay schedule. (a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent's death or a written agreement signed by all the beneficiaries of a testate estate or all the heirs of an intestate estate. A written agreement between a testator and a personal representative shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will. (b) If the personal representative's compensation is not specified in the will or any separate written agreement, the personal representative for services rendered shall be entitled to compensation equal to: (1) Two and one-half percent commission on all sums of money received by the personal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 1/2 percent commission on all sums paid out by the personal representative, either for debts, legacies, or distributive shares; (2) Ten percent commission on the amount of interest made if, during the course of administration, the personal representative shall receive interest on money loaned by the personal representative in that capacity and shall include the same on the return to the probate court so as to become chargeable therewith as a part of the corpus of the estate; (3) Reasonable compensation, as determined in the discretion of the probate court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the judge, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the probate court and irrespective of whether the property, except money, is tangible or intangible, personal or real; and (4) In the discretion of the probate court, compensation for working land for the benefit of the parties in interest in no case exceeding 10 percent of the annual income of the property so managed. (c) Whenever any portion of the dividends, interest, or rents payable to a personal representative is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount so withheld shall be deemed to have been collected by the personal representative. (d) Unless the will or written agreement specifies otherwise, where some or all of the estate passes through the hands of several personal representatives by reason of the death, removal, or resignation of the first qualified personal representative, or otherwise, the estate shall not be subject to diminution by charges of commission of each successive personal representative holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first personal representative who receives the property for the benefit of the estate or that person's representative, and commissions for paying out shall be paid to the personal representative who actually distributes the fund, and no commissions shall be paid for handing over the fund to a successor personal representative. If there is more than one personal representative serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each. (e) Unless the will or written agreement specifies otherwise, a personal representative is entitled to receive commissions on debts, legacies, and distributive shares paid to that personal representative in the same manner as commissions to which the personal representative would be entitled under the terms of the will or written agreement or applicable law on such items paid to others; provided, however, a personal representative shall not be entitled to any commissions for any sums paid to any personal representative of the estate as commissions or other compensation. (f) Personal representatives who fail to make annual returns as required by law shall forfeit all commissions for transactions during the year within which no return is made unless the probate court, upon cause shown, shall by special order entered on the minutes relieve them from the forfeiture. (g) A personal representative may renounce the right to all or any part of the compensation to which the personal representative is entitled under this Code section. Additional information: Usually 3- 5 % of the estate, although the amount is subject to considerable variation.
Broker Confirmation Letter?
Get StartedOne of the personal representative's responsibilities in probating a decedent's estate is that of gathering the decedent's assets. The personal representative must collect and inventory the decedent's assets that are subject to probate. Tasks involved in gathering the decedent's assets include reviewing records to identify all of the decedent's assets, determining which assets are subject to probate, taking physical custody of probate assets, valuing the assets, and filing an inventory listing with the probate court.Sometimes, the decedent owned one or more investment accounts. These accounts may include money market funds, stocks, bonds, mutual funds, and other investments.The Broker Confirmation Letter serves several purposes. It allows the personal representative to verify the existence of investment accounts held by an investment firm. It also helps determine the exact ownership of the investments. If the investments are held jointly with another individual, or if the investments are held by a trust, the investments may or may not be subject to probate. Therefore, it is important for the personal representative to be able to identify the types of investments owned by the decedent and in whose name the investments are held.The personal representative must also value the decedent's assets as of the date of the decedent's death. This confirmation letter requests information about the values of the investments as of the date of death, including interest accrued and dividends paid on the investments.The personal representative is also responsible for inventorying the decedent's assets. The personal representative may or may not have all information concerning investments held by the decedent. The personal representative can send this letter to investment firms where the decedent may potentially have held investments. This letter can help identify previously unknown assets.Accounts at investment firms continue to earn interest, dividends, and capital gains after the decedent's death. Such items are income to the estate that the personal representative must report on the estate's income tax returns. This confirmation letter assists the personal representative in obtaining information about investments owned by the decedent, which in turn become assets of the estate. The personal representative can then keep track of the assets of the estate that will produce income for the estate that must be included on the estate's income tax returns.
How do you become a personal representative?
The following answer presumes that the Personal Representative was not established by a will which has been admitted to probate and is already before the court. This is called Administration, and applies where there is no will. The next answer talks about the situation if the executory (personal representative) was established by a will which has been admitted to probate and is already before the court. This is diffierent from when the person died without a will. It is called dying intestate. Which is from Latin, meaning "no will". The name Personal Representaitve is the inclusive name for both in most modern probate codes. 1st, ask the personal representative to resign, get another job, do something else.* Consider the posibility that the personal representative merely works there and has one of the most thankless jobs in the Western World. Only in rare occasions are personal representatives talking, after it's all over, about how wonderful the experience was and how they just recomend it to everybody. Most consider it one of the most stressful and painful social experiences in their lives. In short, most personal representative, unless there are economic interests, emotionally significant associations, and astounding egos at work are only too happy to be out of the situation. There's a side effect: as a rule of thumb, the number of years for the personal repersentative and the opposing party, if siblings, to get over the removal/resignation of the personal representative is equal to 3 times the diffierence in the ages of the personal representative and the opposing sibling. That is to speak with each other again. 2nd, If 1st does not work, then petition the probate court, with grounds, and a good probate lawyer, a war chest of money, and time, and an awareness that you might prevail in disposing the personal representative, but that's just about it for the reltionship; the time-bounds in the second paragraph don't count. Consider it over. Suggestions: be sure you know what you want, there's a very good chance you might not get it; next, then you might, and that sometimes is worse. (Just a personal opinion) *If you choose WHATEVER route, do it with a bit of careful circumspect; really provoking people who are personal repersentatives is almost always ultimately expensive. See the second paragrph preceeding. I assume that the will has already been probated and the named personal representative has been appointed and is acting. To remove the personal representative, you would most likely have to file a lawsuit in the probate court against the personal representative asking the court to remove him/her as the representative. Most if not all states have laws that set the grounds upon which a removal can be ordered. These grounds have to do with mismanagement of the estate or failure to act to a degree where there is some harm to the estate. A court will not remove an executor simply because the beneficiaries do not like him/her or even if there are disagreements on what should be done and how.The executor is the one the decedent chose to handle his estate and courts generally honor that choice, especially where there is no harm being done. Check the laws of the estate's jurisdiction to see the specific grounds for removal of personal representatives.
How would the administrator of an estate get a clear title of the house?
I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.I assume you mean how do they acquire title to the real estate in their own name.In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
Can a executor rent out estate to other party for gain?
An executor cannot rent out an estate to an other party for his or her own personal gain, however, it could be done on the authority of the estate owner, or directives left in a will.
Are heirs individually responsible for mishandling estate?
The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible. If heirs convert assets to their own use, with or without the appointment of an estate representative, the "heirs" are held personally responsible and may find themselves in court for taking the decedent's property and not paying the creditors and/or the other heirs.
What are the legal rights for an individual whose significant other dies but whose sibling is demanding some of his property which the individual needs to pay for the cost of his funeral?
The estate pays for the funeral. The 'significant other' may not have any rights to the property or any portion of the estate. The estate gets to pay the debts first, then it can be distributed.
Decline to Serve as Trustee or Personal Representative?
Decline to Serve as Trustee or Personal Representative(Download)_________________________, who is entitled to act as the trustee or personal representative of the estate of _________________________, by virtue of ______________________, herewith declines to serve as trustee or personal representative.Dated: ____________________________________________________________________Proposed Trustee or Personal RepresentativeDecline to Serve as Trustee or Personal RepresentativeReview ListThis review list is provided to inform you about this document and assist you in its preparation. It is a perilous task to act as a trustee or personal representative in this litigious age. For that reason alone, declining to serve in these positions makes a great deal of senseunless you have a personal commitment to do so. You can modify this document to conform to other offices or positions you elect to decline to serve in.1. Make multiple copies. Send one to each relevant party. Keep one in your personal files.2. Be advised that even declining may cause you to have some legal liability should you be proven to know the “next” in line will cause harm to the parties you were appointed to serve.
Does the law in wi. automatically give a percentage of the estate to the administrator of the will?
"The personal representative has a right to reimbursement for expenses incurred in managing and settling the estate, and for time spent carrying out those duties. Payment for the latter may equal 2 percent of the inventory value of the estate assets (less any mortgages or liens). Or it may be some other amount the decedent specified, or the beneficiaries agreed upon, or the court approved. If the personal representative is derelict in carrying out duties, the court may reduce or deny compensation. The court also must approve expenses and attorney fees in formal probate proceedings." See link provided below.
