when taking inventory for a lawyer what is considered valuable

Both in the judicial and administrative inventory there are costs, which is the amount paid for the services performed. In the judicial inventory, the heirs collect the initial and final court costs and in the administrative inventory, they collect the fees. There is no great difference in values ​​between one and the other.

Full Answer

What is taking inventory?

What is Taking Inventory? Taking inventory is the process of counting the amount of inventory owned by a business. Taking inventory is needed to ensure that a firm’s inventory records match the physical count, to support materials management and to ensure that a correct ending inventory balance is reported on its balance sheet.

What is an inventory search and how is it legal?

What Is An Inventory Search Of A Vehicle and How Is It Legal? Under the 4 th Amendment, police are barred from conducting unreasonable searches and seizures. Generally, this means that a search conducted without a search warrant is considered illegal.

How do you ensure that the inventory is accurate?

To ensure that the inventory is accurate, a store should have an accurate bookkeeping system and the store manager must be aware of potential cutoff problems. Any failure to pay the invoice after counting a product can make an inventory taking inaccurate.

What are the laws for filing estate inventories?

States have individual laws governing the specifics for filing estate inventories. An executor should gather proof of ownership of a decedent's assets to ensure an inventory's accuracy. For example, he should obtain the decedent's vehicle titles, property deeds and financial statements.

What is included in an inventory of assets?

In simple terms, an estate inventory includes all of the assets of an estate belonging to someone who's passed away. This inventory can also include a listing of the person's liabilities or debts.

How do you value items in an estate?

When calculating the value of an estate, the gross value is the sum of all asset values, and the net value is the gross value minus any debts: in other words, the actual worth of the estate.

What items are considered part of an estate?

An estate is everything comprising the net worth of an individual, including all land and real estate, possessions, financial securities, cash, and other assets that the individual owns or has a controlling interest in.

What assets should be included in a living trust?

If you created a revocable living trust to avoid probate and you think that your estate plan is done once you've signed your trust documents, it isn't....What Assets Should Go Into a Trust?Bank Accounts. ... Corporate Stocks. ... Bonds. ... Tangible Investment Assets. ... Partnership Assets. ... Real Estate. ... Life Insurance.

How do you value belongings for probate?

The value is the open market value, that is the price the asset might reasonably fetch if it was sold on the open market at the date of death. This represents the realistic selling price of an asset, not the insurance value or replacement value.

How do you value stock for estate tax purposes?

Determining the fair market value is done by taking the average of the highest selling price and the lowest selling price of the stock on that date. For instance, if the stock's highest selling price on the date of death was $42 and the lowest selling price was $40, the average would be $41.

Is a bank account considered part of an estate?

Unless a beneficiary is named, any money in your checking or savings account will become part of your estate after you're deceased. Then it has to go through probate before any of your heirs can access it. Probate is a legal process by which the assets of an estate are distributed under a court's supervision.

Can personal possessions be distributed before probate?

Probate law doesn't stipulate how personal items should be divided among beneficiaries unless they've been specifically named in the Will. Such things are called specific legacies. A mother, for example, might wish her eldest daughter to receive her wedding and engagement rings.

Is jewelry considered part of an estate?

Jewelry is part of the estate and should be distributed to legal heirs along with other belongings under probate.

What assets should not go in a trust?

Assets That Can And Cannot Go Into Revocable TrustsReal estate. ... Financial accounts. ... Retirement accounts. ... Medical savings accounts. ... Life insurance. ... Questionable assets.

Should bank accounts be included in a living trust?

Bank Accounts and Living Trusts Bank accounts and other Pay-On-Death (POD) accounts can avoid probate by allowing you to designate Beneficiaries who will inherit the account directly after you die. This can be a huge advantage if your loved ones need funds immediately after your death.

At what net worth do I need a trust?

Here's a good rule of thumb: If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you.

When an inventory is not filed but just exchanged between the parties or their attorneys, the court cannot take judicial answer?

When an inventory is not filed but just exchanged between the parties or their attorneys, the court cannot take judicial notice that the facts in the inventory and appraisement were held to be true by the party creating the inventory and appraisement.

What happens if you don't do an inventory and appraisal?

First, if you do not prepare an inventory and appraisement your attorney will be unable to evaluate whether you are being awarded a “just and right” division of the marital estate.

What is an inventory and appraisal?

The inventory and appraisement is essentially each spouse’s opinion about the identity, character and value of his or her property. When an inventory and appraisement is filed with the court and properly admitted into evidence, the inventory and appraisement constitutes a judicial admission on behalf of the party filing it.

What happens if the divorce decree does not award all of the property in the marital estate?

If the decree does not award all of the property in the marital estate the court could reopen the case and the division of the marital estate could be relitigated.

What is expert testimony?

Some items may require expert testimony to provide evidence of the items worth. For example, the value of real property may require an appraisement. For other items, such as personal property, the court may be comfortable in determining value based only on the testimony of one of the owner spouses. The Inventory and Appraisement is an effective ...

What is the most basic thing to do in a divorce?

In a divorce, one of the most basic things that must be accomplished by the parties and the court is divide the property. The court is charged with ensuring that the division of the marital property is accomplished in a “just and right” manner. In order for the court to evaluate how the marital property should be divided, ...

Can an inventory and appraisal be considered evidence?

When an inventory and appraisement is filed but not admitted into evidence the inventory and appraisement cannot be considered evidence, however the court can take judicial notice that at one time the person filing the inventory and appraisement held that the facts in the inventory and appraisement were true. ...

Real Estate, Bank Accounts, and Vehicles

With regard to real estate owned by the decedent, you will want to provide the address and a description of the property. For bank accounts, you will want to list the relevant bank holding the account, as well as the account number and the amount in the account at the time of the decedent’s death.

Stocks and Bonds

Many people leave substantial amounts of stocks and bonds to their loved ones. Your inventory should include the number of shares of each type of stock, the name of the corporation, and the name of the exchange on which the stock is traded.

Life Insurance and Retirement Plans

For life insurance policies, you will want to record the company providing the policy, the policy number, the policyholder’s name, the type of coverage provided, and the primary and any alternate beneficiaries. You should record the amount in any retirement plan, as well as the account number and the company responsible for managing the account.

Wages and Business Interests

You should estimate any unpaid wages, commissions, and other benefits of employment that the decedent may have been owed from their employer. If they owned a business, you will want to note the name of the business and the type of form that it took, such as a partnership, an LLC, a corporation, or a sole proprietorship.

Intellectual Property

A decedent may have had intangible assets, such as a patent on an invention or a copyright on a book. You should make note of any patents, copyright registrations, or contracts with businesses regarding intellectual property.

Debts and Judgments

If the decedent loaned money to someone else or won a judgment in court, their estate has the right to collect repayment on the loan or the proceeds of the judgment. You should keep track of any promissory notes or court documents indicating a verdict or settlement in the decedent’s favor.

Why Are Police Allowed to Conduct Inventory Searches?

Police are allowed to conduct inventory searches because courts have upheld inventory searches, since they are not actively used to find incriminating evidence and are therefore administrative in nature. Courts have classified inventory searches as being a reasonable example of a police officer’s caretaking responsibility. However, inventory searches must be reasonable in nature in order to be considered Constitutional. As such, a valid inventory search must follow established procedures or guidelines and not be disguised as a warrantless evidence search.

What is an inventory search?

An inventory search is a warrantless search of a lawfully impounded vehicle conducted by police. The purpose of an inventory search is for the police to determine the contents of a vehicle in order to fulfill a variety of administrative functions. First, an inventory search protects any of the owner’s property located inside ...

What to do if you have been charged with a crime after police have searched your vehicle?

If you have been charged with a crime after the police have searched your vehicle through an inventory search, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Contact Us at Minick Law, P.C. for a free consultation on your case.

Why do police do inventory searches?

Finally, inventory searches protect the police from dangerous items that may be hidden or located inside the vehicle.

Is inventory search a warrantless evidence?

As such, a valid inventory search must follow established procedures or guidelines and not be disguised as a warrantless evidence ...

When is the estate inventory valued?

If you have this responsibility, you need to remember that all property in the estate inventory is valued as of the date of death. How this can be done for different types of assets will be reviewed in more detail, later. The date by which this document must be filed with the Register of Wills can differ based on circumstances, but it usually would be filed no later than the date that the estate’s inheritance tax return is due.

Why is property listed in estate inventory important?

In addition, property listed in the estate inventory gives you the starting point for the estate accounting.

Why do you need to file an estate inventory?

One reason is that the estate inventory tells everyone with an interest in the estate all of the assets under the personal representative’s control. You have assumed personal responsibility for the listed assets and can be held liable for mishandling them. Their valuation also is used to determine the filing fee for the opening of the estate, which matters to the Commonwealth. This is why you can underestimate the estate’s value at the beginning when you do not know everything in the estate. When the estate inventory is filed, all assets will be included at their date-of-death values so the filing fee that was unpaid originally can be calculated at this point.

What is estate inventory?

Preparing and filing an estate inventory is an essential duty for the estate’s personal representative (the executor if there is a Will or the administrator if there is no Will). This is set forth in Section 3301 of the Probate, Estates and Fiduciaries Code in the Pennsylvania Consolidated Statutes. How this is done and why it is important need to be understood.

What happens when an estate is filed?

When the estate inventory is filed, all assets will be included at their date-of-death values so the filing fee that was unpaid originally can be calculated at this point. There are other reasons that make the estate inventory important for the personal representative.

Why do you have to do personal representative in Pennsylvania?

Of course, as mentioned earlier, Pennsylvania law names this task as a duty that a personal representative must fulfill so you have to do this because Pennsylvania tells you that you must. However, there are reasons that this duty exists. One reason is that the estate inventory tells everyone with an interest in the estate all ...

How to find financial assets?

Financial assets may be difficult to identify at times, but the personal representative should review any personal income tax returns for the last 3 to 5 years for clues. Financial assets are not as difficult to value as they might be to find because there are public sources for such property as stocks and bonds. You would have to do some research to obtain the date-of-death values, but the information is not difficult to access. For other financial assets, you might have financial statements to use, or you could requests valuations from the financial institutions when necessary.

What does an executor need to do?

An executor needs to obtain the names and addresses of a decedent's heirs. He also needs to obtain a court-approved inventory form from the court in which the estate is being probated. Once an executor completes an inventory, he must file it with the court and serve copies on all heirs at their proper addresses.

Does it matter if property values decline?

It generally does not matter if property values decline or increase during the estate's administration. It is valuation at the time of the decedent's death that is used for inventory.

Does an executor have to know the value of an estate?

An executor must know the estate property value to complete an inventory. This requires that an executor check state equalized values for real estate, get current account balances and obtain appraisals for things such as vehicles and jewelry. It generally does not matter if property values decline or increase during the estate's administration.