How do I obtain a letter of testamentary for a trust?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I obtain a letter of testamentary for a trust?
A family member died testate, I am the sole heir. There was a trust set up. In trying to collect her life insurance, as well as a small IRA. I am told that I need Letters of Adminisration. But in a Trust (and having died testate) a letter of administration is not issued. I have a court stamped document that states that it should be accepted as a form of letters of administration, but none of the contacts when I try to collect accept that paper. It is as if they are trained that all that can be accepted is a letter of administration and nothing else.
Asked on June 27, 2012 under Estate Planning, Florida
Answers:
Brad Micklin / The Micklin Law Group
Answered 12 years ago | Contributor
First, you need to be appointed adminstrator of the estate. You must file certain forms with the Surrogate's Court in the county in which the decedent resided at the time of his passing. An experienced estate attorney will have these forms and you can also find them online with the State of New Jersey Judiciary page.
You would need to have an attorney review the terms of the will and trust to advise you how to set up and/or recieve distributions from it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.