Assignment 2: Legal Case Study
What consequences might there be if a will’s custodian fails to turn the will over to the probate court after the decedent’s death?
If a will’s custodian fails to turn the will over to the probate court after the decedent’s death, the court may compel the custodian to produce the will this is if requested by the potential beneficiaries of the will, and if the custodian fails to produce the will, he or she may be subject to criminal charges (Herskowitz, 2014).
When would a personal representative have to institute an ancillary jurisdiction proceeding?
A personal representative would have to institute an ancillary jurisdiction proceeding if the decedent owned, at the time of death, real property in a jurisdiction from the jurisdiction they
lived in. This is required because other jurisdictions are not allowed to make distribution decisions about real property outside of their jurisdiction. The purpose is to transfer the title of the real property to the jurisdiction the trustor lived in to keep the estate together. (Herskowitz, 2014). What steps might have to be undertaken to find the will of a decedent?
To find the will the steps the family of the deceased should take are:
1. Search the decedents’ home and office first (ie: dresser drawers, file cabinets, desk drawers, closets, the refrigerator, the freezer, books, under mattresses, and the attic)
2. Search the safety deposit box if one exists.
3. The family can also check with all family members, an attorney or family friend that may have the will. (Herskowitz, 2014).
What steps are required to prove a lost will?
The person contending that the original will was lost must present a copy of the will, a proof of the wills execution and validity, by either, producing witnesses who will authenticate that the copy is a true and correct copy of the will or, a “self-proving” affidavit at the end of the will to the probate court. (Herskowitz, 2014).
Sources
Herkowitz, S. D. (2014). Wills, Trusts, and Estates Administration, 4th ed. Upper Saddle River, NJ: Prentice Hall.
If a will’s custodian fails to turn the will over to the probate court after the decedent’s death, the court may compel the custodian to produce the will this is if requested by the potential beneficiaries of the will, and if the custodian fails to produce the will, he or she may be subject to criminal charges (Herskowitz, 2014).
When would a personal representative have to institute an ancillary jurisdiction proceeding?
A personal representative would have to institute an ancillary jurisdiction proceeding if the decedent owned, at the time of death, real property in a jurisdiction from the jurisdiction they
lived in. This is required because other jurisdictions are not allowed to make distribution decisions about real property outside of their jurisdiction. The purpose is to transfer the title of the real property to the jurisdiction the trustor lived in to keep the estate together. (Herskowitz, 2014). What steps might have to be undertaken to find the will of a decedent?
To find the will the steps the family of the deceased should take are:
1. Search the decedents’ home and office first (ie: dresser drawers, file cabinets, desk drawers, closets, the refrigerator, the freezer, books, under mattresses, and the attic)
2. Search the safety deposit box if one exists.
3. The family can also check with all family members, an attorney or family friend that may have the will. (Herskowitz, 2014).
What steps are required to prove a lost will?
The person contending that the original will was lost must present a copy of the will, a proof of the wills execution and validity, by either, producing witnesses who will authenticate that the copy is a true and correct copy of the will or, a “self-proving” affidavit at the end of the will to the probate court. (Herskowitz, 2014).
Sources
Herkowitz, S. D. (2014). Wills, Trusts, and Estates Administration, 4th ed. Upper Saddle River, NJ: Prentice Hall.