nomination

Here’s a story I hear frequently from new clients:

Mom passes away leaving Son as the only surviving family member. She had a Will leaving everything to Son and nominating him as the personal representative. Son knows that Mom has a bank account and goes to the bank to collect the funds. He brings with him the Will. The bank refuses to provide him with the money because they need “some sort of letters or document from a court” showing that Son is the personal representative. Son leaves the bank flabbergasted because, after all, the Will “clearly shows” that Son is entitled to the property. Son calls his attorney to see how he can quickly get a document from a court showing everything goes to him.

I’ve received many of these phone calls and clients are often surprised that probate is a process, not a “calling up a court to get a document.” When meeting with these clients, I’ve found it helpful to explain the difference between being nominated the personal representative in the Will versus being appointed by the court as the personal representative. I say something like this:

There is a difference between being nominated the personal representative in the Will versus being appointed by the court as the personal representative. That’s why the bank didn’t release the funds to you. Being nominated in the Will doesn’t make you the personal representative. Only the court can make you the personal representative. Until that happens, you have no more right to present yourself as the personal representative than a random person on the street, regardless of what the Will says. So let’s get started. It will take some time to get you appointed. . .

Categorized in Practice Tips and tagged as appointment, nomination, personal representative, probate

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