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Determining executor, am I the executor of Moms estate?

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darkout

Junior Member
What is the name of your state? MN

My mom recently passed away. She was widowed and put most of her assets into a irrevocable trust. She only has a bank account, an IRA, and a car in her name. She has a will specifying myself and my only other sibling as "personal representatives".

So does that make me the executor of her estate?

Is there a document I need, other than the will, that I need to use to take control of her accounts and transfer title on the car?

The DMV said there is, but couldn't tell me what document I needed to bring in (go figure). We are listed as beneficiaries on the IRA, but there is confusion on the bank account (paperwork snafu on the part of the bank). The bank account has over 20k in it - apparently the threshold for just taking it.

I'm very confused on the process and if I can call myself the "Executor", and about how I prove that I'm the "Executor". I know my Mom did everything to avoid probate and I'm trying to wrap this up ASAP. Any advice appreciated. TIA.
 


seniorjudge

Senior Member
Q: She has a will specifying myself and my only other sibling as "personal representatives". So does that make me the executor of her estate?

A: They are called personal representatives today; they used to be called executors (among other things).


Q: Is there a document I need, other than the will, that I need to use to take control of her accounts and transfer title on the car?

A: Yes, you have to admit the will to probate (you and your sibling have to do this).



Q: The DMV said there is, but couldn't tell me what document I needed to bring in (go figure).

A: The DMV does not give legal advice.



Q: We are listed as beneficiaries on the IRA, but there is confusion on the bank account (paperwork snafu on the part of the bank). The bank account has over 20k in it - apparently the threshold for just taking it.

A: I have no idea what that means.


Q: I'm very confused on the process and if I can call myself the "Executor", and about how I prove that I'm the "Executor". I know my Mom did everything to avoid probate and I'm trying to wrap this up ASAP. Any advice appreciated.

A: Admit the will to probate.



HOWEVER

My mom recently passed away. She was widowed and put most of her assets into a irrevocable trust. She only has a bank account, an IRA, and a car in her name. She has a will specifying myself and my only other sibling as "personal representatives".


If this is true, then why are you even asking questions about the will? If there is nothing to probate, then there is nothing to probate!

I agree: You are very confused. See a lawyer.
 

darkout

Junior Member
Thank you for your reply. Much appreciated.

"A: Admit the will to probate."

Doesn't submitting the will to probate cost a minimum of $2500 in legal fees?

If the bank comes back and says there is no beneficiaries on the account, then what? Do I have to go through the cost and hassel of probate?

I hope there is an easier way to transfer title of the car to the new owner, when I sell, than going thru probate.

Any help appreciated. Thanks again.
 
Last edited:

mugrump

Junior Member
Going through this in Pa right now with a car. At the notary office, a copy of the Death Certificate is needed along with all siblings in person. They have the paperwork needed to sign with the remaining siblings giving the ok for the other to title vehicle in their name. This might work in your area also.
 

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