Legal Question in Wills and Trusts in Alabama
Letters Testamentary
My parents died in 2000 and 2003. Their wills appointed me as executrix. They put their property in my name before they died, so their wills were never officially probated or filed at the courhouse. Sometimes my father will receive a check that I am unable to cash. My banks' policy is that I must have letters testamenty to be able to do this. I understand policy must be followed, but all their business is settled, bank accounts closed, etc. The business that issued the check does not permit reissuing in someone else's name. My parents never gave me power of attorney, as I was also on their bank accounts. What to do? Thank you.
2 Answers from Attorneys
Re: Letters Testamentary
There is a solution to your problem. I don't know if the time period will cause a problem but it is worth a try. It is called a PETITION TO SET ASIDE HOMESTEAD ALLOWANCE AND EXEMPT PROPERTY WITH NO ADMINISTRATION. A lawyer would file this for you. Call me if I can help.
William Nolan
www.NolanElderLaw.com
Re: Letters Testamentary
Your options may depend on the amount and nature of the check. Often a bank or financial institution will accept an affidavit in lieu of Letters. If you expect additional checks in the future, it might be prudent to open an estate and obtain Letters. Good luck!
Related Questions & Answers
-
Estates How do you distribute property when there was no will? Asked 9/02/07, 9:02 pm in United States Alabama Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
