EXECUTOR 102: WHAT DO I DO NOW?

EXECUTOR 102:  WHAT DO I DO NOW?

By Timothy S. Barkley, Sr. October 2017. Uncle Herman has just died, and you have been duly selected as the Executor of his Last Will and Testament.  Hopefully, you were forewarned.  Congratulations. You must marshal, preserve, and distribute the assets of the Estate in accordance with the terms of the Will and the Law; and treat creditors, beneficiaries, and the taxing authority impartially.  This can be no small feat.   If you are also a...

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EXECUTOR 101: SO YOU’RE AN EXECUTOR

EXECUTOR 101:  SO YOU’RE AN EXECUTOR

By Timothy S. Barkley, Sr. September 2017. You have just been notified that you are the executor of your uncle’s will – the uncle whose funeral you attended yesterday. Or, he didn’t die yet, but he confided that fact at the latest family gathering on the occasion of your parents’ golden anniversary. Or, perhaps you’re the uncle trying to decide on who to bestow that signal honor, as you rewrite your will after the...

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REWRITES

REWRITES

By Tim Barkley. July 2016. “My wife just passed away,” the client said, matter-of-fact mien betrayed by a moistening of the eyes. “She was my power of attorney and executor of my will. I think I need new papers.” “I’m sorry to hear,” the lawyer replied. “When did she die?” “Around Valentine’s day,” the client clarified. “The kids and I have been working through things and I think this is the last thing I need to do.” “So was everything in joint...

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WHAT ELSE DO I NEED TO DO? LETTERS OF ADMINISTRATION

WHAT ELSE DO I NEED TO DO? LETTERS OF ADMINISTRATION

By Tim Barkley. March 2016. The smartphone on the desk erupted in a coruscant display and intermittent insistent buzzing. The readout said “Mrs. Jones.” “Good afternoon, this is Tim,” intoned the lawyer. “How can I help you, Mrs. Jones?” There was a silence. “Hello, Mrs. Jones, this is Tim. How can I help you?” “Oh, it’s you! I expected to have to leave a message at this time of day.” “You might have, but that’s not your luck today – you’re...

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WHY PROBATE?

WHY PROBATE?

By Tim Barkley. October 2014. “Dad’s will leaves everything to me, but when I showed it to the bank they said I needed letters of something. Why can’t they just give me the money?” “Can’t I just go to the broker and cash in Mom’s account? I’m the Executor under the will! I even showed them my driver’s license and the will, and they said I need to talk to a lawyer.” “I need to pay my brother’s bills, and...

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