Exam 12: Personal Representatives: Types, pre-Probate Duties, and Appointment

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Which is a legal obligation of financial institutions with which the decedent did business?

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A

A public official appointed by the court to administer the property of an intestate who has left no person entitled to apply for appointment as personal representative and Letters of Administration

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D

A petition filed with the court by a beneficiary who wishes to surrender any interest in a will

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K

A personal representative appointed by the court when a will maker does not name an executor or the named executor cannot serve

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A paralegal working with a personal representative might be responsible for all of the following EXCEPT:

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A personal representative appointed by the court when a previous personal representative begins but fails to complete administration

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Letters of Authority must be presented to have the decedent's mail forwarded to the personal representative.

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Only family members should be invited to the family conference.

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A certificate in which an individual or corporation promises to pay the probate court a certain amount of money if the personal representative fails to faithfully perform the duties of administering the decedent's estate

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The personal representative will generally NOT need to file a bond if:

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Witnesses to a will must appear in court to testify to the validity of the will.

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During the family conference,the paralegal should ask whether the decedent made any advancements to any beneficiaries or heirs.

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When a will has been discovered,copies of the will should be prepared for the beneficiaries and devisees.

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A court order appointing an administrator of an estate when the decedent died intestate

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What would cause a person applying for Letters Testamentary to be deemed unsuitable?

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The attorney is likely to be called in to assist in sorting out a decedent's estate before the funeral arrangements are complete.

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The personal representative is responsible for discovering,collecting,and preserving all probate assets of any value.

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While in the process of administering the estate of his deceased brother,Larry,John also died,and his sister,Sue,having been appointed the new personal representative,is now the:

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A court order recognizing that all allowed claims and expenses of an estate have been paid and that all heirs are named and the share of the decedent's property to which they are entitled is listed

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Court judges are prohibited from being personal representatives.

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