On 8/11/2014 11:21 AM, jmcquown wrote:
> On 8/11/2014 11:38 AM, Janet wrote:
>> In article >,
>> says...
>>
>>> Sounds very unscrupulous. Mom's lawyer didn't charge an exhorbitant
>>> amount for handling the probate. Then again, it didn't amount to much
>>> work on his part. Her Will very clearly defined the division of monies
>>> and property. All he had to do was file it with the court.
>>
>> Either your mother's estate was minimal/ very simple to administer, or
>> the task of Executor is very different in the USA. Here, executing a
>> will is lots more work than just "file the will with the court".
>>
> I was talking about her lawyer not charging a lot of money or having to
> do much. Not about my role as executor. It took me a year to get
> everything settled. I did the work.
>
>> Here, as a minimum, the executor has to locate, notify, list and get
>> professionally valued all the assets of the deceased, (everything from
>> their home/car to their furniture, belongings, stocks, insurances, bank
>> accounts etc) and also find, notify, and settle any debts/tax
>> liabilities; set up a separate bank account into which financial assets
>> are collected and from which to settle debts and taxes. If property is
>> to be sold or passed on he is responsible for its care, insurance and
>> maintenance meanwhile.
>>
>
> I did all that. Her LAWYER did not. Therefore he did not charge much,
> nor did he assign himself executor.
>
> Jill
No one can assign themselves as executor. They have to be named in the
will. If there is no will, most states have a set of requirements for
the closest person to the decedent to be appointed as administrator.
generally, an administrator has to post a bond, most wills waive bonding
for executors.
When my daughter died, she had no will. 21 year old college students
rarely do. She didn't even have a checking account, she gave me cash
and I wrote her checks on my account when she needed one. All she owned
was the car she was killed in. I went up to the Surrogate's office,
where they issue the letters, and got the Surrogate to waive the bonding
when I showed him a newspaper clipping of the mangled car.
--
From somewhere very deep in the heart of Texas