Bruce Robert Glassman's Answers

Appraisals in probate? Possibly got unfair appraisal...

This is just a follow up to my previous answer. I would like to thank Janet Brewer for pointing out the typographical error in my answer. The Alternate Valuation Date is six (6) months after the date of death and not nine (9) months as I stated. I apologize for the error.

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My mother grandmother died, should we pay her old bills?

I can answer this question based upon Florida law. Assuming that your grandmother lived in Indiana, you should contact an attorney in Indiana for the legal advice, guidance and representation that you can rely on. I am also making another assumption. I will assume that the bank account was set up giving your mother a right of survivorship over the account and all of the money in the account became hers personally upon the death of your grandmother. Assuming all of the above, pursuant to...

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If a will has a "pour over" to a legal trust, and the owner of the will is deceased, what is the Personal Rep of the will?

No, the trust and the will work in tandem. Anything that was in the trust prior to the death of your mother stays in the trust and is not subject to the terms of the will. Anything that is a probate-type asset, and was not in the trust at the time of your mother's death, will go through probate pursuant to the terms of the will. Anything that is left from the probate estate (assets that went through probate) after probate will then "pour over" to the trust and become part of the trust.

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What should I do if my family lawyer has lost my fathers will?

Assuming that the your Dad lived in Michigan at the time of his death, you should contact a Michigan probate attorney to discuss the possibility of being able to establish the existence of, and having admitted to probate, the lost will that you describe. In Florida, where I practice, there are provisions of Florida law for establishing the existence of, and probating, a lost will. If Michigan has such a procedure, and you can satisfy the requirements of said procedure, you may just be in luck....

Appraisals in probate? Possibly got unfair appraisal...

Basically, there are two valuation dates that are relevant to estates: the date of death and the date 9 months later (the alternate valuation date). As for what the appraiser is supposed to do, the appraiser should make sure that his or her work would be of such quality that it would be accepted by the IRS and other taxing authorities with few, if any, questions. I seriously doubt that any appraisal where the appraiser just snapped some exterior pictures would meet that test. You need to...

Does a lawyer have to adminster a will?

Whether or not you need a lawyer to administer a will depends upon the state in which the decedent resided at the time of her death. In Florida the administration of a will is a court process and the Personal Representative (Executor) is required to be represented by an attorney. As far as the second part of your question is concerned, in Florida a will is not recorded but it is filed with the Clerk of the Court upon the death of the person whose will it is. As far as the formalities of...