What kind of legal authority as the Administrator of my husband's estate ?

Question

I was made the Administrator over my husband's estate after his death. What authority do I have to retrieve or request any information regarding his missing property, business dealings, records held by other indivduals that would reflect on taxes, etc. When I was made the Administrator by my attorney, nothing was explained to me. I have had to find out on my own, and have found that I have more responbilities than I know what to do with.

Answer 1

An executor or administrator must obtain the necessary legal documents to enable him or her to act for the estate. These documents, called either Letters Testamentary (executor), or Letters of Administration (administrator), are obtained through the Register of Wills in the county in which the deceased person lived at the time of death.

The duties of the personal representative include:

*finding the will and having it probated

*locating and protecting the assets of the estate

*finding and notifying the heirs

*paying debts, expenses, taxes of the estate from its assets

*complying with state and federal laws

*distributing property to the heirs after all procedures are followed

WHAT IS DONE DURING ADMINISTRATION?

At the beginning, all assets of the estate, including personal possessions and real estate, are inventoried and sometimes physically gathered. All of the beneficiaries (if there is a will) or heirs (if there is no will) are located. They are told that they were named in the will or have a legal right to receive an inheritance. Funeral expenses, debts, state and federal taxes are paid, and necessary tax returns are filed. At the conclusion of the administration period, a final accounting of all assets is presented for approval to the county court. After approval, distribution of the balance of assets is accomplished.

Because this can be a difficult task you should consider obtaining an attorney to help guide you through the process.

You have my sincerest condolences for your loss and my prayers for the future!

Best wishes!

Answer 2

First and foremost, I am sorry for your lost.
You really did not have to probate your husbands estate because the wife has more authority over the administrator regardless. Just the same, you as administrator, simply can submit your judicial form stating you as administrator of his estate along with any request for any personal and financial information past or present. That form gives you legal authority to act on his behalf of his estate. Some places require the original form with the upraised notary and some places don't so don't forget to ask before sending. Oh, also, get a few extra copies of the death certificate because many financial institutions require that as well.

Answer 3

You have exactly the same powers and responsibilities that he had during his lifetime, unless these have somehow been limited by an order of the probate court (not common). Your Letters of Administration are all the proof of your authority that you need.