Archive for March 5th, 2010
A reader asks…….Who starts this process ?
A formal written petition to the court along with a filing fee must be submitted to the court to start the probate process.
One of the courts first jobs is to approve or appoint someone to handle the affairs of the estate. This person is called the executor, administor or personal representative depending upon the rules of the state/prov, and whether the decedent died with or without a Will.
We will call this agent of the estate a “personal representative”.
Generally, the first thing the personal representative does is hire an experienced probate attorney, although that may not always be a legal requirement.
In many cases, hiring an attorney may become a practical necessity because probate paperwork and filing procedures can be very comlex.
Another step to follow.
Remember March 23rd, Diabetes Risk Test Day.
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In this day and age, it is impossible for anyone—including attorneys—to understand all of the facets and intricacies of the law. That being said, there are some nuances that it is important for all of us to have at least a rudimentary understanding of. One of these main legal points is known as power of attorney.
At its most basic level, power of attorney is when you allow another person to act on your behalf in legal or business matters. There are several forms of this law, but the main distinction is between special (also known as limited) and general. Under special power of attorney, the action of the individual is limited to particular circumstances or actions, whereas general gives a larger scope of governance.