I started filing for Summary Administration in September 2012.
On the first SA petition I did not list the nature of the assets. The form (from the city law library) had a box to declare the assets Homestead or Exempt. I left it blank thinking that the assets would just be declared non-exempt if I put nothing.
The judge issued a checklist asking for the nature of the assets. I then filed again putting them down as exempt.
The judge then issued a checklist requesting a petition to exempt the assets and, of course, an exemption order.
I filed the order for declaration of exempt property and it was not signed, however the order to admit the will to probate was granted.
I called the court and the clerk told me the order was not signed because I put stocks down as exempt. They are not.
The assets include: stocks, a life insurance policy and an IRA. Totaling $47,000.
The insurance company needs and will only take a SA order because my Dad (the sole beneficiary of the policy) died two months before my Mom.
The IRA was supposed to have myself named as the sole beneficiary. However, the banker sent the IRA form to the IRA department incomplete and they, as well, will only take a court order to release the funds. I have insisted to no avail.
The heirs are my sister and I. She has signed a waiver.
My question involves the treatment of the assets which I believe is the problem. I have seen other petitions for SA which do not have a place or have two places to list assets. One which involves declaring them exempt or homestead and another with just the assets listed without classifying them.
When I resubmit the SA petition can I just list the assets without classifying them or declare them non-exempt?
The statute of limitation for creditors claim (2 years) is up on August 26th and the estate is debt free so there is no problem declaring everything non-exempt.
If I file after Augusta 26th do I even have to ask to exempt the assets? If not, how would I list them?
Can assets just be declared non-exempt?
Did the judge request the order for exempt property merely because I declared the assets exempt?
If I had just declared them non exempt would the SA petition have gone through?
On the first SA petition I did not list the nature of the assets. The form (from the city law library) had a box to declare the assets Homestead or Exempt. I left it blank thinking that the assets would just be declared non-exempt if I put nothing.
The judge issued a checklist asking for the nature of the assets. I then filed again putting them down as exempt.
The judge then issued a checklist requesting a petition to exempt the assets and, of course, an exemption order.
I filed the order for declaration of exempt property and it was not signed, however the order to admit the will to probate was granted.
I called the court and the clerk told me the order was not signed because I put stocks down as exempt. They are not.
The assets include: stocks, a life insurance policy and an IRA. Totaling $47,000.
The insurance company needs and will only take a SA order because my Dad (the sole beneficiary of the policy) died two months before my Mom.
The IRA was supposed to have myself named as the sole beneficiary. However, the banker sent the IRA form to the IRA department incomplete and they, as well, will only take a court order to release the funds. I have insisted to no avail.
The heirs are my sister and I. She has signed a waiver.
My question involves the treatment of the assets which I believe is the problem. I have seen other petitions for SA which do not have a place or have two places to list assets. One which involves declaring them exempt or homestead and another with just the assets listed without classifying them.
When I resubmit the SA petition can I just list the assets without classifying them or declare them non-exempt?
The statute of limitation for creditors claim (2 years) is up on August 26th and the estate is debt free so there is no problem declaring everything non-exempt.
If I file after Augusta 26th do I even have to ask to exempt the assets? If not, how would I list them?
Can assets just be declared non-exempt?
Did the judge request the order for exempt property merely because I declared the assets exempt?
If I had just declared them non exempt would the SA petition have gone through?
