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My dad recently died and the rehab/nursing center is requesting a copy of executiveship before they will release his records. What is it and how do I get it?
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Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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An executor is appointed by the court when a succession is opened where an administration is required. Usually this is only if there is business the estate needs to finish before the heirs are placed in possession of their inheritance. The person who is taking care of the estates business is called the executor (masculine) or executrix (feminine).
Answered on Dec 19th, 2013 at 11:46 PM
Edwin K. Niles
When probate is opened the Court issues a document called Letters Testamentary or Letters of Administration. You can get a certified copy from the court.
Answered on Dec 19th, 2013 at 11:45 PM
Executorship Who is in charge of your father's estate. Who is responsible for making the decisions abo9ut your father after his death?
Answered on Dec 19th, 2013 at 11:45 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I don't know, unless they are asking for your appointment order and letters as the executor of a will or as administrator of the estate.
Answered on Dec 19th, 2013 at 11:44 PM
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You may mean letters testamentary or a copy of the order appointing Executor. Both are issued by the probate court once a Will is admitted to probate. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Dec 19th, 2013 at 11:43 PM
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Go to probate court and file a Petition for Probate and ask the court to name you administrator or executor. You should call an attorney to see what the best way to proceed is. Most give free consultations.
Answered on Dec 19th, 2013 at 11:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to open a probate estate for your father and be named the executor of his estate. Talk with a local probate attorney about this.
Answered on Dec 19th, 2013 at 11:43 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Its Executor if the Estate of your father, also called a "Personal Representative" of the Estate.Its the person a probate court appoints to represent the estate. You need to file a probate action for the estate if they require a PR.
Answered on Dec 19th, 2013 at 11:41 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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They are referring to letter of office that are issued to the executor appointed in a probate proceeding to represent the estate of the deceased. The letters of office identify the executor. In Illinois, if the probate assets of a decedent exceed $100,000 in value a probate must be opened to deal with the assets and distribute them, either in accord with the terms of a Will or in accord with the statutory rules of descent and distribution. If real estate is owned by the decedent at the time of death a probate must be opened to appoint the representative having the authority to deal with the asset. However, joint tenancy property is not subject to probate. There are other types of property that are also not subject to probate. If there is to be no probate of your father's estate you should so advise the rehab center and find out their alternative requirements.
Answered on Dec 19th, 2013 at 11:40 PM
I assume they mean papers showing who is the executor of the Will is (will state it in the Will). If there is no executor, you may have t file in probate court to have an administrator of the Will appointed.
Answered on Dec 19th, 2013 at 1:12 PM
The nursing center is asking for authority to release the medical records. I suspect they need to know who the executor of his estate is. The executor is either named in his will or assigned by the probate court. Either way, the court will issue "Letters of Appointment" which gives the executor the authority to request and receive, among other things, the medical records.
Answered on Dec 18th, 2013 at 12:00 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no such thing, under Michigan law. There are "letters of authority" which are issued to the Personal Representative for the estate. That is what the facility needs, whether they conveyed that to you or not. You get those letters only after opening a probate estate.
Answered on Dec 18th, 2013 at 12:00 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You would have to go to court and have yourself appointed as executor of his estate.
Answered on Dec 17th, 2013 at 11:59 PM