California Probate help
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California Probate help
Sorry if this is the wrong place to post but being English and currently offshore I am asking for some help
A close friend has just died and I m named as his executor. He was resident in Los Angeles county.
Is there anything I need to do immediately and that I am able to do from here? I am unlikely to get to Cali until middle of next week.
Thanks.
HTC
A close friend has just died and I m named as his executor. He was resident in Los Angeles county.
Is there anything I need to do immediately and that I am able to do from here? I am unlikely to get to Cali until middle of next week.
Thanks.
HTC
Join Date: Jan 2006
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First of all I’m sorry for your loss.
You need to contact a law firm and an accounting firm that specialized in “Wills and Estates” as soon as practicable. The first mistake is usually not using a professional who does not specialize in this area as there are other requirements that need to be met.
Perhaps friends in California can be of assistance to you in finding qualified professionals. You need to use the services of an attorney in licensed to practice law in the state of California as your friend was a resident there. They will start the procedures of submitting a copy of the will to the Probate Court. The court will issue a Letter of Testamentary. This will permit you to act on the behalf of the estate in all affairs as Executor of the estate. Fees can be paid from the trust to the attorneys and accountants and other professionals. You too as Executor are entitled to reasonable fees incurred by you in connection with the administration of the estate.
You need to contact a law firm and an accounting firm that specialized in “Wills and Estates” as soon as practicable. The first mistake is usually not using a professional who does not specialize in this area as there are other requirements that need to be met.
Perhaps friends in California can be of assistance to you in finding qualified professionals. You need to use the services of an attorney in licensed to practice law in the state of California as your friend was a resident there. They will start the procedures of submitting a copy of the will to the Probate Court. The court will issue a Letter of Testamentary. This will permit you to act on the behalf of the estate in all affairs as Executor of the estate. Fees can be paid from the trust to the attorneys and accountants and other professionals. You too as Executor are entitled to reasonable fees incurred by you in connection with the administration of the estate.
Unless everything was joint ownership or "payable on death" or "transferable on death" there will be probate. I'm unfamiliar with CA procedures but the basics should apply in any state. There will a hearing where the will is entered for probate and you will be appointed executor. You'll need to apply to the IRS for a tax ID number for the estate. An official death notice will be published in a legal paper stating that anyone with any claim must file it by some date. You may need to a bank account in the name the estate. Once that date passes you'll pay bills, distribute or liquidate the assets and close the estate.
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Last edited by Check 6; 20th Nov 2011 at 11:52.
