How are stocks, accounts, and brokerage accounts transferred after the death of the owner? You may have spoken with the account holder and they say they need “Letters Testamentary.” How do you write those Letters? Don’t let that term fool you! Letters Testamentary are the formal court document showing the appointment of an Executor or other Personal Representative of an …
Descent and Distribution, Post #2: Probate and Affidavits of Heirship
What if there is no Will? Is a probate in the County Court always necessary? We have discussed in prior blogs the results of people dying without a Will as it relates to both “Community Property” and “Separate Property.” The reality is that many people pass away having never signed a Will. As outlined in a prior post, the State …
Estate Planning Series – Post #3: Does All Property Pass Under My Will? Probate v. Non-probate Assets
Not all property is automatically subject to the terms of your Will. It can be made subject to it, but it is not automatic. We call assets that pass according to your Will “Probate” assets, because they would come under a court’s jurisdiction should your Will ever be offered for probate. On the other hand, property or assets with designated …