Certificate of Appointment of the executor

[Jim38]

I live in the state of Maryland, My mother lived in San Diego, California. My brother lived with mother a few years befor doing a self imposed disappering act in late 2000. I made some attempts to locate brother to satisify mother. Mother passed away 19 Jan 2002. Brother and I are only children, both listed in will 50/50. Brother listed as executor unless unable or unwilling to doit, then I would be the executor. I have been doing very well in closeing moms estate, untill I got to one investment account.
This account people, from Texas," want a Certifide copy of the certificate of appointment of the executor, dated within 60 days of ********** receipt". This should be certified by a judge or the clerk of courts. No one else has asked for it.
At the probate Office in CA, I'm told that there is no need for probate unless estate is over $100,000.00. They do not have a certificate of appointment of the executor. My state, MD, register of wills says that they cant give me one because the death happened in CA.
How do I get one of these government agencys to make a certificate of appointment, so I can get things cleared up. My brothers part 50% after expences, will be put into an escrow account until can be located.

Thanks for any info.

 

[I AM ALWAYS LIABLE]

My response:

Certificate of Appointment or, Letters Testamentary as they are called in California, should have been prepared by your attorney and issued to you by the court, immediately upon the opening of Probate.

Letters testamentary or of administration formalize the personal representative's appointment and his or her authority to act on behalf of the estate throughout the probate proceedings (unless, of course, the letters are suspended or revoked). Letters are also the vehicle by which the representative executes the mandatory oath.

Therefore, if you have "Letters", this is the vehicle by which you can show you have the authority to deal on behalf of the Estate, and to show the Texas bank.

Talk to your probate lawyer to get Letters issued to you.

IAAL

 

[Jim38]

Thanks, you are very helpful.

Another question, being that I'm in the state of Maryland, does this mean that I have to make that 5400 mile round trip again or can this be done by telephone. to a lawyer in San Diego. the one that did mothers will.

You would think that a "supervisor" at probate would have told me this information while I was there.

 

[I AM ALWAYS LIABLE]

Thanks, you are very helpful.

Another question, being that I'm in the state of Maryland, does this mean that I have to make that 5400 mile round trip again or can this be done by telephone. to a lawyer in San Diego. the one that did mothers will.

You would think that a "supervisor" at probate would have told me this information while I was there.

My response:

You can always hire a good Probate attorney by telephone. Retainer fee checks, and Retainer Agreements, do quite nicely traveling by mail.

The supervisor could NOT tell you anything because it's against the law to tell you what you need, or don't need, to do - - other than to say, "Hire an attorney." To do otherwise amounts to the unlawful practice of law.

IAAL