why would you get a letter from a deceased person's lawyer

When a loved one dies, frequently, surviving family members are told by banks or mortgage companies that they need “letters” from a lawyer to deal with the assets of the deceased. Usually, this terminology leads the surviving family member to call and ask if the lawyer can write a letter to help them.

Full Answer

Can a lawyer write a letter when a loved one dies?

Jan 30, 2017 · Once you get the Letter, you are responsible for dealing with the assets of the deceased person. Without giving you a full law school course on probate law in Texas, you should understand that being named the personal representative and having a Letter issued to you makes you subject to handling the estate consistent with Texas laws. You will be able to obtain …

Do you need a letter of administration for a deceased person?

Letters of Administration in probate are the documents that allow the necessary legal processes to start. Probate refers to the practice of administering an Estate after someone dies; if the deceased person did not have a Will, probate cannot begin without court approval. This approval is granted in the form of a Letter of Administration.

What happens when you get a letter of Probate in Texas?

Dec 03, 2021 · You will need the Letters Testamentary to handle the decedent’s tax and other matters. In general, the responsibilities of an estate administrator are to collect all the decedent’s assets, pay creditors and distribute the remaining assets to heirs or other beneficiaries.

Who can act on behalf of an estate following a death?

If you are in the position of taking care of the affairs of a recently deceased relative, you may find that their house or apartment has been sealed by the police. This is commonly done when the police are notified of a person's death and the home or apartment has no other occupants.

What is a Letter of testimony?

A Letter of Testamentary is a document granted to the Executor of an estate by the probate court. This document gives the Executor the authority he or she will need to formally act on behalf of the decedent. It gives the right to handle financial and other affairs related to closing out the estate.

What is a Letter of instruction?

What Does a Letter of Instruction Include? A letter of instruction provides specific information regarding personal preferences in medical or funeral care, as well as details concerning dispersion or care of personal assets that legal documents may not be able to outline.

Can a letter be used as a will?

While the contents of a will are legally binding, the contents of a letter of wishes are not. But that doesn't mean they cannot be useful. What is it? A letter – or statement - of wishes simply a letter written in plain English, which sets out your wishes for the distribution of your estate on death.Sep 28, 2016

What is letter of intent for will?

A letter of intent is not a legal document. It is a letter to loved ones or an executor of a will. It acts as a message from the deceased and can include an array of information from providing organization and outlining last wishes, to detailing information and sending personal messages.Dec 14, 2020

What is the job of an estate administrator?

In general, the responsibilities of an estate administrator are to collect all the decedent’s assets, pay creditors and distribute the remaining assets to heirs or other beneficiaries. As an estate administrator your first responsibility is to provide the probate court with an accounting of the decedent’s assets and debts.

When is an estate required to file taxes?

An estate is required to file an income tax return if assets of the estate generate more than $600 in annual income. For example, if the decedent had interest, dividend or rental income when alive, then after death that income becomes income of the estate and may trigger the requirement to file an estate income tax return.

How long does it take for a probate to open?

When a person dies a probate proceeding may be opened. Depending on state law, probate will generally open within 30 to 90-days from the date of death. One of the probate court’s first actions will be to appoint a legal representative for the decedent and his or her estate.

Does estate tax apply to large estates?

In general, estate tax only applies to large estates . For help with determining whether an estate tax return is required and how to file it, see the Estate and Gift Taxes page. Additional information on the duties of an estate administrator is available in IRS Publication 559, Survivors, Executors and Administrators.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

How this scam works

A scammer may contact you out of the blue to tell you that you can claim a large inheritance from a distant relative or wealthy benefactor. You may be contacted by letter, phone call, text message, email or social networking message.

Warning signs

You are contacted out of the blue by a scammer posing as a lawyer or banker and offering you a large inheritance from a distant relative or wealthy individual. They may even ask you to pose as the next of kin to an unclaimed inheritance.

Protect yourself

Never send money or give credit card, online account details or copies of personal documents to anyone you don’t know or trust.

Have you been scammed?

If you think you have provided your account details, passport, or other personal identification details to a scammer, contact your bank, financial institution, or other relevant agencies immediately.

More information

Nigerian scams involve someone overseas offering you a share in a large sum of money or a payment on the condition you help them to transfer money out of their country. While these scams originated in Nigeria, they now come from all over the world.

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

Can creditors open an estate?

Creditors can open an estate. Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

Do you need a death certificate after a funeral?

Most funeral homes assist families with obtaining these certificates. You should get several copies of the death certificate to ensure you have enough for all administration needs .