I apologize if this is long. I wanted to ask all my questions at the same time, as not to keep bugging everyone.
f pThe Court records show that on 1/30/06 PMT: Probate New Suit - 1st Petition at least $500,000 and <$750,000 GC 70650 (A)(3) Eff 01/01/06 - Petition for Probate - Notice of Petition to Administer Estate - Last will & Testament - Duties & Liability of Personal Representative Confidential Supplement to duties and liabilities of personal representative
2/15/06 Proof of Publication
3/1/06 Proof of Service
3/2/06 Petition for Probate of Will and Letters Testamentary and Authorization to administer under the Independent Administration of Estates Act.
4/10/06 Order for Probate - Letters Testamentary
9/14/06 Notice to creditors
5/17.07 PMT: Probate-Req Hearing GC 70657(A) Eff 01/10/06 - Final Account and Report and Petition for Distribution Report and Petition for settlement of Executors First and Final accounting for allowance of statutory fees and costs and distribution
Inventory with property Tax certificate Final/amount: $287,037.00
My questions are as follows:
1. What is "Confidential Supplement to duties and Liabilities oersonal representative?
2.. Why would there be such a difference of $$$ from the first Petition filed and the Final Account and Report?
3. The executor filed a Petition for Probate of Will and Letters Testamentary and Authorization to administer under the independent administration of Estates Act on 3/2/2006. The executor filed Letters Testamentary on 4/10/06? Is that legal? I understood that Letters Testamentary were to be filed first?
4. Two of the beneficiaries listed in the will are each to receive 15% of the estate. The address listed on the proof of service for the Notice of Petition l says c/o of executor at his address. I believe these two people are deceased. It is my understanding that once the court order for final distribution is obtained, checks may be written and assets are distributed. A receipt for these asset's must be obtained from each estate beneficiary and filed with the Court. What if this is not done? Can the executor sign the receipt for the 2 beneficiaries and keep the asset's or their 15% of the estate?.
5. The executor did not file a appraisal of all the estate assets with the Court. Is that legal? Are the beneficiaries of the estate entitled to a copy of the appraisal of all the assets? or at least allowed to see a copy of one?
6. It is my understanding that the executor must either file an elaborate accounting listing all receipts and disbursements or obtain a waiver of the accounting from all of the estate beneficiaries - since the latter was not done - are the beneficiaries entitled to a copy of the accounting listing & receipts & disbursements - if so how to they obtain this information.
7. Are all the beneficiaries sent a copy of the petition of the proposed distribution of assets before the scheduled Court hearing to conclude the estate? If a beneficiary has any objections to the proposal what should they do.
8. Last question: A hearing date of 6/27/07 has been set for Report & Petition for settlement of executor's first and Final accounting for allowance etc. ect... That puts the estate in Probate for a little over 18 months. What can be done, if As a beneficiary, you feel that the executor or his representative have acted in bad faith, and on several aspects did not follow the legal process for Ca probate Does it make a difference if Bond was waived?
Thank you so much for taking time out to help me answer my questions and help me better understand how probate works. You guys are the best ....
f pThe Court records show that on 1/30/06 PMT: Probate New Suit - 1st Petition at least $500,000 and <$750,000 GC 70650 (A)(3) Eff 01/01/06 - Petition for Probate - Notice of Petition to Administer Estate - Last will & Testament - Duties & Liability of Personal Representative Confidential Supplement to duties and liabilities of personal representative
2/15/06 Proof of Publication
3/1/06 Proof of Service
3/2/06 Petition for Probate of Will and Letters Testamentary and Authorization to administer under the Independent Administration of Estates Act.
4/10/06 Order for Probate - Letters Testamentary
9/14/06 Notice to creditors
5/17.07 PMT: Probate-Req Hearing GC 70657(A) Eff 01/10/06 - Final Account and Report and Petition for Distribution Report and Petition for settlement of Executors First and Final accounting for allowance of statutory fees and costs and distribution
Inventory with property Tax certificate Final/amount: $287,037.00
My questions are as follows:
1. What is "Confidential Supplement to duties and Liabilities oersonal representative?
2.. Why would there be such a difference of $$$ from the first Petition filed and the Final Account and Report?
3. The executor filed a Petition for Probate of Will and Letters Testamentary and Authorization to administer under the independent administration of Estates Act on 3/2/2006. The executor filed Letters Testamentary on 4/10/06? Is that legal? I understood that Letters Testamentary were to be filed first?
4. Two of the beneficiaries listed in the will are each to receive 15% of the estate. The address listed on the proof of service for the Notice of Petition l says c/o of executor at his address. I believe these two people are deceased. It is my understanding that once the court order for final distribution is obtained, checks may be written and assets are distributed. A receipt for these asset's must be obtained from each estate beneficiary and filed with the Court. What if this is not done? Can the executor sign the receipt for the 2 beneficiaries and keep the asset's or their 15% of the estate?.
5. The executor did not file a appraisal of all the estate assets with the Court. Is that legal? Are the beneficiaries of the estate entitled to a copy of the appraisal of all the assets? or at least allowed to see a copy of one?
6. It is my understanding that the executor must either file an elaborate accounting listing all receipts and disbursements or obtain a waiver of the accounting from all of the estate beneficiaries - since the latter was not done - are the beneficiaries entitled to a copy of the accounting listing & receipts & disbursements - if so how to they obtain this information.
7. Are all the beneficiaries sent a copy of the petition of the proposed distribution of assets before the scheduled Court hearing to conclude the estate? If a beneficiary has any objections to the proposal what should they do.
8. Last question: A hearing date of 6/27/07 has been set for Report & Petition for settlement of executor's first and Final accounting for allowance etc. ect... That puts the estate in Probate for a little over 18 months. What can be done, if As a beneficiary, you feel that the executor or his representative have acted in bad faith, and on several aspects did not follow the legal process for Ca probate Does it make a difference if Bond was waived?
Thank you so much for taking time out to help me answer my questions and help me better understand how probate works. You guys are the best ....
