I have been involved in a number of probate matters recently that raise complex questions for families having to deal with the loss of a loved one. Three concerns come to mind. Discussing them here may help others avoid the pitfalls.
One, if the will is not notarized then the witnesses have to appear before the Register of Wills. This can be a troubling task for many since witnesses can be scattered here and there. So, if the person failed to get the will notarized (remember to get your will notarized) then you can get 2 other people familiar with the signature of your loved one to attest to the signature before the Register of Wills. You can serve as one of the individuals.
Two, make sure you do not delay presenting the will before the Register of Wills. Other family members could try to open probate alleging there was not will. They have a heavier burden but if no one comes forth with the will, it makes it easier for others to create a fraud. Trust me, it happens in the best families.
Three, notification to beneficiaries and an inventory of the estate are required. Many Executors or Administrators are delinquent in this task. This is a violation of fuduciary responsibility and could lead to fines and penalties. So, if you serve in these roles make sure you know what you are required to do and do it.
Leave your comments here or contact me at www.ythlaw.com
One, if the will is not notarized then the witnesses have to appear before the Register of Wills. This can be a troubling task for many since witnesses can be scattered here and there. So, if the person failed to get the will notarized (remember to get your will notarized) then you can get 2 other people familiar with the signature of your loved one to attest to the signature before the Register of Wills. You can serve as one of the individuals.
Two, make sure you do not delay presenting the will before the Register of Wills. Other family members could try to open probate alleging there was not will. They have a heavier burden but if no one comes forth with the will, it makes it easier for others to create a fraud. Trust me, it happens in the best families.
Three, notification to beneficiaries and an inventory of the estate are required. Many Executors or Administrators are delinquent in this task. This is a violation of fuduciary responsibility and could lead to fines and penalties. So, if you serve in these roles make sure you know what you are required to do and do it.
Leave your comments here or contact me at www.ythlaw.com
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