How to Choose an Executor

is there a legal document that we use to name "executor" of my property and assets?

My mother passed on August 28, 2010. My family discovered that she was in an accident in January of this year. She was working with the insurance co who was handling the case. The final decision will be either in two months. In which, the insurance company told me that I would need to present a death certifcate , and I would need to create an estate in order to disbute my mothers claim. I'm the oldest of 3 daughters and my two sisters assigned me the duties of handling our mothers affairs. But, my mother did not have a living trust , estate plan , or will. So, I would need to create an Estate plan in order to collect the settlement. My question is how to I create a simple estate plan? How much will it cost? Is the Esate plan look over by an attorny before it is done? Thank you, Gala

My uncle is the executor of my late aunt's estate. He is in his early 80's. He has told me that he is very tired of handling all that he has had to deal with taking care of business of his late sister. He also said that it is taking tole of his pocket book also. He has to deal with the repairs of the houses that my aunt owned and selling of the lands that she had. He has to travel to other towns to deal with lawyers and all of the things that have to do with getting all the paperwork that has to do with distributing the money when all has been sold. My question is can he ask his lawyer if it is alright that he use some of my aunt's money to pay for gas and expenses that accure while he is taking care of her business provided that he saves receipts or can the lawyer set up an allowance for him till all of my aunt's affairs are taken care?

My mother has a open active mortgage loan and she passed away at the beginning of this month. There is no money available to continue paying the loan so my brother and I, who are named as her surviving children, on the only will in existance have decided to surrender the property to the bank. The bank is saying that, even though we have the will and the death certificate, we have to have one of us assigned as executor so they can discuss the property disposition. It does not make since to me but if this is so then I need the correct for and legal direction I need to go.

Thank you,

Bruce Lee

Hi, I lost my Mom on 23 May 2011, she did not leave a will. There are eleven sisters and brothers. We have had a family meeting and they requested that I continue to handle all of my Mothers financial affairs. How would I before the Executor for her Estate? We do have a Petition Order of Agreement from Probate turning the Estate over to all Eleven (11) children.

My mother passed away on 9/15/11 with no will on file. There is very little assests except a piece of land and home that was left to her by her mother. Now that home is deeded to my mother only, with no other names listed. My father is still living and we obtained a copy of that deed today. Without it stating with rights of surviorship we can not change the name on that deed from my late mother to my father or any of the children. I am finding that most of the personal bills and medical bills in her name are not wanting to assist us due to no one being listed as the executor or representative of her estate. I have explained the story a million times there is nothing to be over. Can we do the probate forms here online and take them to the courthouse to be filed and if so what do we need to do that with? We do not have a lot of money to do this and the insurance was way less than expected as well. Please pass on any advice possible. Thank you

Hello,

My uncle passed away 9 years ago on my birthday. My father was put in charge of the trust he put in place. My uncle left each my mom, dad, my sister and I each money from his estate. My parents got 33% each and both my sister and I got 11% each from his estate. After my uncle died his wife was still alive so no one got anything until she passed away because she was living off of the interest of the trust. His wife passed away this past December. After that my father sent all four of us official letters stating that the momies would be distributed as ordered but they would come in two installments. I don't know what the rest of my family has received but to date I got 1 check for half of my inherentence and then I heard nothing. I called my dad and asked for the rest and he refuses to give it to me. I am in desperate need of this money as I am an unemployed wife and mother of two. We are in a financial disaster and the only way we can survive is from that money. Is there any legal recourse for me to make him send me the balance of my inheritance? My father said himself that this is his choice and has nothing to do with how the will was written. All he wants is to be in control which is what he has always done. We were living paycheck to paycheck. But now that my unemployment has run out we are living day to day. I can barely put good on the table and yet he still refuses to send me the balance. Please if anyone can tell me what I can do to make sure he fulfills his obligation I would really appreciate it.

Sincerly,
Lynn

My father passed away and left a will and I am named executor. He only had a bank account and a CD. Do I need a lawyer and do I need to go to pobate court. Do I need to open another bank account to dispense the cash to the sibblings?

My best friend passed away on August 1, 2012. He left a notarized assignment of me as Executor of his estate. However the banks will not honor it. They say I need a court order. How Do I obtain a court order appointing me as Executor?There is very little money available to me and any that comes in is made out to the deceased so I cannot deposit them. I don't know how to get a court order that will satisfy the bank.