QUESTION
if you are the executor of your father's will and have power of attorney for your mom do you need a lawyer to provide you a probate letter
Asked on Jan 25th, 2021 on Wills and Probate - Florida
More details to this question:
I am the executor for my father's will. He leaves everything to my mother. I have power of attorney for her. While trying to set up his retirement to transfer to her, I was told I would need a probate letter. She is the sole beneficiary. Do I really need this letter?
1 ANSWER
2 Awards
Letters Testamentary are not issued by a lawyer but by the local probate court. A Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died).
Please also check with the 401k plan administrator and the IRA brokerage firm. Unless a spouse sends the 401k plan administrator a waiver, the 401k passes to her. The IRA may have named your mother as beneficiary.
Answered on Jan 26th, 2021 at 5:40 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.