Friday, 18 April 2014
What are the release dates for History's Mysteries - 1998 England's Lost Castles 11-3?
History's Mysteries - 1998 England's Lost Castles 11-3 was released on:
USA: 2006
Who inspects bucket truck?
ANSI standards state a qualified person who holds certification through a organization recognized through ANSI
No Trust AccountingMy sons have a trust fund where an Attorney is Executor. My Grandmother passed away in 2002 and my sons are now 19 and 1...
No Trust Accounting
My sons have a trust fund where an Attorney is Executor. My Grandmother passed away in 2002 and my sons are now 19 and 16. I have asked on several occasions for an Accounting of the Trust and have never received one, except for the initial Assets. We have also never received any fee notice. What rights do my sons/Ihave (legal gaurdian). We would like to have her removed and a new Executor appointed. How should I go about this? Thank you so much for any help you can provide.
Answer
Re: No Trust Accounting
The trustee has an absolute duty to account. Most trusts require an annual accounting, so read over your document and see what it says.
Once you have read the trust, send a very business-like letter by certified mail to the attorney, in which you quote the language of the trust, set out the dates on which you had previously requested accounts, and request that an account be produced within a reasonable amount of time (say, 30 days). Since one of your sons is over 18, he will need to sign the letter on his own behalf, and you will sign on behalf of the minor.
If you do not receive an account, the next step is to file petitions for an account and the attorney's removal at the Probate Court. You probably should hire an attorney with experience in probate litigation to help you with this step.
Answer
: No Trust Accounting
This has come up several times. I had at least one person contact the BBO, the attorney disciplinary board. The BBO assisted her in getting the information.
If you have other questions or need assistance, let me know.
Answer
Re: No Trust Accounting
It is not possible to offer legal advice over the web, because of various privacy and other concerns. This website can only offer general principles, which may or may not apply in a given situation, depending upon additional facts.
In general, Executors are required to file an Inventory within four months of appointment, and an annual accounting of estate transactions. In practice, the Inventory and first account frequently await settlement of the estate and passage of a year, because of the need to allow time for any creditors' claims against the estate to be presented and or suit to be filed.
However, an interested party has the right to require filing of an Inventory or annual account. If the Executor is unresponsive to a certified letter requesting the filing of accounts, it would be advisable to contact an attorney for further proceedings, although a request pro se could be made through the assistance of probate court clerks. (If the letter doesn't work, it suggests that litigation may end up being necessary, and getting an attorney involved early would be helpful.)
In addition, testamentary trusts (a trust set out in the will rather than a separate trust agreement) normally require annual accountings, in a similar fashion to the estate. In either case, the executor or trustee needs to file a final account to be released from their bond.
If an executor or trustee fails and refuses to file accountings, that may be cause for removal. Again, it would be easier to do this in association with an attorney, as probate court clerks are not supposed to give legal advice.
Finally, if it is not a testamentary trust, the trust agreement will specify what obligations the trustee has to account, but in all cases, the trustee is a fiduciary and must act with the interests of the beneficiaries in mind. If a trustee fails to do so, he or she can be removed.
How old should a baby be to ride in a convertible car?
The laws that apply to sedans are the same ones that apply to convertibles. As long as the baby is in the back seat and is secured in an approved baby seat it can ride in a convertible. But never in the front seat of any car.
is it legal for a clinic to make a person pay out of pocket and not bill insurance for medical treatment that there insurance covers?
is it legal for a clinic to make a person pay out of pocket and not bill insurance for medical treatment that there insurance covers?
Answer
If the clinic does not accept insurance, then they do not have to bill the insurance company; the patient would need to get the paperwork in order to send it to the insurance company and get reimbursed. Many doctors do not accept some, or even any, insurance. If you do not like that process, use a different doctor / clinic.
Thursday, 17 April 2014
my teenage daughter recently passed away suddenly. she had no will. she had a checking account, how would I obtain a letter of testamentary ...
my teenage daughter recently passed away suddenly. she had no will. she had a checking account, how would I obtain a letter of testamentary to release the funds?
Answer
I am very sorry to hear about your daughter. You should check with the bank to see what they require to release the funds. Depending on how the account was set up, you may already have access as her parent. If they require an estate administrator, this may cost a few hundred dollars to do through the probate court, which may not be as much as in the account. If it is, and they require an administrator, you can probably do this on your own by getting the forms from the probate court, filling them out and filing them.
Answer
I'm sorry for your loss. Georgia law allows small accounts to be transfered to heirs without a probate, so ask the bank about that first. Also, if the account was set up properly, with her as a minor, an adult likely was set up in charge, and that adult can access the funds.
If a probate proves necessary, I'd suggest a brief consult with a lawyer to determine if you can go it alone in probate court with coaching or need some help.