Many people have heard the word “inheritance managers” or “administrator”, but they may not know their roles, duties, and methods of establishment. This article will let you all know this word more together
Contents of Inheritance manager
Who is the inheritance managers?
The inheritance manager is the representative of the heir who has the power and duty to legally dispose of distribute, and transfer the inheritance to all heirs.
Having the status of representative of all heirs who is entitled to inherit the administrator of the estate is not a position that can be obtained by himself or herself or agreed upon in the family only because he must have received a court order to allow him to be a manager
In this regard, whether in the case of a will or without a will, there must be an administrator of the estate as well. After receiving the court order to be the administrator of the estate The inheritance managers will be able to withdraw money from the account, and transfer assets, and inheritance.
Why have an inheritance manager?
In fact, we cannot prove whether the person who withdraws the money or obtains the property is indeed the one who has the right to inherit from the deceased. If the bank allows the contact person to withdraw money easily or the land office to transfer the assets to him at all. The real heir to contact later would be very problematic.
Therefore, the law requires the inheritance manager to have the power and duty to contact government agencies or related documents as evidence to confirm to that agency that we are legally authorized to withdraw money or accept a transfer of assets.
Despite the fact that inheritance managers defraud the heirs in many families, the court’s involvement in screening and issuing orders is quite a screening.
How do appoint the inheritance managers?
1. Obtain a death certificate of the deceased.
2. Agree with the heirs who will be the administrator of the estate.
3. Let the heirs sign a letter of consent stating who is the administrator of the estate.
4. Contact a lawyer or public prosecutor.
5. Attorney or public prosecutor It will help collect the necessary documents to submit to the court. which each case will have a little difference, such as a name change certificate, marriage certificate, or divorce certificate It is advisable to consult and arrange with a lawyer.
6. File a petition with the court. by a lawyer or public prosecutor
7. Go to court to hear the petition. Submit evidence to the judge who will examine the documents and check their correctness.
8. Wait for the final case and request a copy of the order appointing the trustee
At this time, the establishment of an administrator of the estate is completed after receiving an order from the court, and can then apply for withdrawal of the transfer of assets or contact the government office.
What is the role of inheritance managers?
It is main function is to represent the heirs who are entitled to inheritance, to contact to obtain an inheritance from the holding agency, and to bring it out to distribute to the heirs.
The distribution between the heirs must be divided according to the law or as agreed by the heirs only.
It is not divided according to the will of the inheritance manager. If he is corrupt, this matter will be criminally punished and imprisoned.
Other duties such as the preparation of property accounts filed with the court, contacting government agencies are business on behalf of other heirs, etc. And the most important duty is to be loyal to all heirs.
How many inheritance managers can there be?
Usually, there is only one for ease of operations.
If everyone will be against the principle of representation and convenience of other heirs.
However, in some cases where the heirs cannot agree to have only one person be the administrator of the estate, the court has ordered them to be joint administrators for peace of mind and transparency for the family.
How old are the inheritance managers?
The status of the inheritance manager will be completed when the inheritance has been divided. This could be a period of only 7 days or even years.
Because usually, the inheritance will appear to the descendants what the deceased has inherited. Therefore, it will not be a long time to allocate rations to the heirs. When the division of assets is done, the inheritance manager is obliged to keep an account of the assets. Filed to the court to tell who has been given what to whom. (In practice, not at all)
And after the division is done, there is no need to make matters to the court in order for the court to cancel the status of the trustee. This position will end in itself once the assets are transferred.
Inheritance manager according to wills
Regardless of whether there is a will or without a will, all must apply for the appointment of an administrator of the estate.
However, in some wills, the deceased will determine the administrator of the estate. (explicitly stated in the will), that person must be the administrator of the estate. cannot appoint another person as administrator of the estate
Unless such a person refuses or does not have sufficient qualifications to be an administrator of the estate.
Conditions of inheritance manager
Being a mature person
- Not insane
- Not bankrupt
- Never been ordered by the court to be a quasi-incompetent person
The appointment of the inheritance manager is very important in dividing the assets of the deceased among the heirs and the heirs must have an agreement. (in a book) or clearly stated which inheritance, who has gone?
Otherwise, the inheritance manager will have to go to court on charges. embezzlement and reclaim the inheritance
But if there have a will, the trustee must strictly follow the will. It does not mean that the trustee will receive the inheritance alone or has the power to decide who gets the inheritance. Please don’t misunderstand
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