I have filed his will with the court and they gave me a case number.
I faxed a copy of the will, death certificate, and picture id to Wachovia
mortgage company. They are refusing to discuss my father estate
until I send them court papers authorizing me as the executor.
Do I need to file more documents to the court? Can you help me?
File a petition with the court to be appointed the executor. Letters testamentary is a document issued by the court clerk which states the authority of the executor of an estate of a person who has died. It is issued during probate of the estate as soon as the court approves the appointment of the executor named in the will and the executor's files a security bond if one is necessary (most well-drafted wills waive the need for a bond). Certified copies of the letters are often required by banks and other financial institutions, the federal government, stock transfer agents or other courts before transfer of money or assets to the executor of the estate.
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Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
Previous poster is correct. But you have to get an order admitting the will to probate - this is more complex than simply filing the will with the clerk. Once the will is admitted you can ask the Court to tell the clerk to issue letters testamentary. That is what Wachovia (wells fargo) is looking for. Letters testamentary are from the Court, addressed to whom it may concern, and recite that you have been appointed PR and the third party should deal with you.
This is a simple exercise for a local attorney who handles probate matters. I think you would benefit from at least a consult. You may well be able to contract for "unbundled" work if you don't have significant resources. I hope this helps. Also, you can serve the bank personally with Notice of Probate and if they do not respond within 30 days unsecured debt can be avoided.
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