"Letters Testamentary" are issued after the will has been probated. Probated means proved as genuine. It does not mean the process of administering the estate by collecting assets, paying bills and disbursing the estate. Once Letters are issued, the exeutor/executrix begins the administration of the estate. Letters Testamentary have no relation at all to trusts.
If the person who wrote the will is still living you have no legal right to see their will.If the person who wrote the will is deceased, and the will was probated, if you were a legatee named in the will, the Probate Court should have notified you that the will was being probated. If the death has occurred and the will has been probated and you did not receive such notification - you have a legal right to have the contents of the will disclosed to you. Consult an attorney if the information is being withheld from you.
Letters testamentary are issued by a probate court to the executor or administrator of the estate of a deceased person, and provides a license to the person named to collect the assets and pay the debts prior to distribution of any gifts to heirs.
While the estate is being probated, the executor is the legal representative of the estate and has been issued Letters Testamentary that authorize her to act on behalf of the estate. The power to sell real estate is generally granted in the will, if not, then the executor would need to petition for a license to sell the real estate.
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
It could be about most anything. A subpoena, a summons, notiication that you are an heir to an estate being probated in court - etc - etc. Here's a thought. . . why don't you sign for it, and open it, and read it?
6 months after the issuance of the letters of testamentary/administration.
Report your suspicions to the Probate Court in which the will is being probated.
There is no definitive answer to a question such as this - depending on the simplicity or complexity of the estate being probated, it takes as long as it takes.
Yes - Trust can be earned by being honest. If you wanted to make it into active voice - You can earn trust by being honest.
Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.
Clarification is required as to why the will was not admitted to Probate. Was this because of a dispute between you and your brother or because the estate was so small that the court deemed it unnecessary.AnswerThere is no difference between a "will being admitted to probate court" and a "will being probated". A will admitted to probate court is being probated.However, as stated above, the will in your case was not admitted to probate court and so is not being probated. We cannot know the reason without more details. Your brother may have found it didn't require probate if the decedent didn't own property or he may have been put off by the cost of the filing. You need to ask him.
Earn her trust by being honest to her.