Estate Planning Attorneys Brown Summit : Probate & Elder Law Attorneys in Brown Summit, NC

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Estate Planning, Probate & Elder Law Brown Summit, North Carolina

Brown Summit Estate Planning & Probate Attorneys

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The Law Offices of Cheryl K. David

TEL (336) 547-9999 |  Burlington, NC

TEL (336) 547-9999 |  Greensboro, NC

Cheryl David began her career in law as a litigator, switching her emphasis to estate planning after an event that changed the way she looked at life. In 1996 she was chosen by famed trial attorney...(more)



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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

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» More on Terminating Independent Administration

I spoke about frustrations with the termination of independent administration here. A few follow-up points:

1. In the statute, a distinction is made between Wills that direct independent administration, and those that don't. If the Will directs independent administration, then supervised administration will only be allowed "if the court finds there is good cause." Otherwise, the court will switch to supervised with no argument. But note that the Will must use the magic language directing indepedent administration; it's not enough for the Will to say that the executor has X powers, which may be exercised without court order.

2. Cook County has provided the following language for orders terminating independent administration:

On the petition of [petitioner] for termination of independent administration:

IT IS ORDERED THAT:

1. Independent administration of the decedent's estate is terminated.

2. [Executor/administrator's name] shall continue to act as [executor/administrator] in supervised administration, and letters of office issued subsequent to this date shall issue to the representative as supervised [executor/administrator].

3. The clerk of the court shall mail a copy of this order to the representative and the representative's attorney.

4. The representative shall mail notice of the termination of independent administration to all interested persons whose names and post office addresses are known to the representative, and file proof of mailing with the clerk of court. (Here is Cook County's form notice.)

5. The representative shall file an inventory within 60 days.

» Thomas & Fisher, P.A. - Announcement

We would appreciate it if you would publish the following announcement with the attached photos in the Business Section of The Greenville News as soon as possible: Thomas & Fisher, P.A. announces that John R. ...

»  Keeping Family Wealth From The Taxman
Here's an overview of some popular ways to transfer assets across generations without a huge tax hit.