Legal Question in Wills and Trusts in New Hampshire
I live in Massachusetts, father died 9/13/11 in New Hampshire. Mother passed 1987. No real property. Life insurance with myself and sister listed as beneficiaries, already received check. Life insurance ($1,000) through work no beneficiary listed but filled out forms, already received check. Some stock, 2 stock certificates in my name, Dad's name, sisters name or my name and Dad's name. Two stock certificates (small amount) my name never added so one in Dads name only and one in Dad and Mom's name. I am named executor on will.
Second issue, 4 small checks came from the VA as refunds of overpayment of prescriptions equally approx. $500.
Goal is to divide stocks, one half going in sister's name/one half in my name. GE says that I can sign a "Waiver of Probate" form. GE wants me to send the a certified copy of court appointed executrix dated within one year of transfer.
Checks equaling $500 - cash, split with sister 50/50.
Do I have to probate? Do I have to set up an estate account?
1 Answer from Attorneys
No one has authority to endorse the VA checks. Probate is only option to deal with those items. Unless GE is willing to accept an affidavit from all heirs as to family structure, you'll need probate to handle the stock. As to the best way to move forward I suggest you should meet with an attorney in New Hampshire experienced in this area. Probate is not necessarily complex, but it is very detailed in nature.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
