Notice to - PowerPoint Presentation

Slide1

Notice to

BeneficiariesSlide2

History

In the past, notice required

only

to charitable beneficiaries.

Changed in 2007.

Authority

PC § 128A

EC § Chapter 308, Subchapter ASlide3

Timing of Notice

Not later than the 60

th

day after order admitting will to probate.

If discover beneficiary later, ASAP after discovery.Slide4

Who gets notice?

Beneficiaries:

Human

Entity

StateGovernmental entityCharitable organizationTrustee of trust if pour over provisionSlide5

Special rules

1. Survival is presumed for the statutory or will-provided time period.Slide6

Special rules

2

. If the beneficiary is a trust and the executor is also the trustee, to the first beneficiaries entitled to trust income.Slide7

Special rules

3. If the beneficiary has a guardian, notice goes to the guardian.Slide8

Special rules

4. If the beneficiary is a minor without a guardian, notice goes to a parent of the minor.

Practice tip: Give notice to both parents even through not required.Slide9

Special rules

5. Attorney general if the beneficiary is charity and cannot be otherwise notified.Slide10

Beneficiaries not entitled to notice

1. Contingent beneficiaries if contingency did not happen by the time the testator died.Slide11

Beneficiaries not entitled to notice

2. Beneficiary already made an appearance in the proceeding before the court admitted the will to probate.Slide12

Beneficiaries not entitled to notice

3. Value of gifts to the beneficiary is $2,000 or less.Slide13

Beneficiaries not entitled to notice

4. Already received all gifts by the 60

th

day after will admitted to probate.Slide14

Beneficiaries not entitled to notice

5. Executed a waiver

Beneficiary must first get a copy of the will or a statement summarizing the beneficiary’s gifts.Slide15

Contents of Notice

1. Name and address of beneficiary (or other special person who needs to be notified).Slide16

Contents of Notice

2. Testator’s name.Slide17

Contents of Notice

3. Statement that testator’s will admitted to probate.Slide18

Contents of Notice

4. Statement that beneficiary is a beneficiary of the will.Slide19

Contents of Notice

5. Personal representative’s name and contact information.Slide20

Contents of Notice

6. Either:

Copy of will and order admitting it to probate, or

Summary of beneficiary’s gifts plus court and admission information.Slide21

Method of Giving Notice

Certified mail, return receipt requested

$3.10

$2.55 physical return receipt or $1.25 electronic return receipt

Postage costRegistered mail, return receipt requested$11.20 (if no $ value on package)$2.55 physical return receipt or $1.25 electronic return receiptPostage costSlide22

Proof of Compliance

1. Timing = Within 90 days of when the court admitted the will to probateSlide23

Proof of Compliance

2. Evidence filed

Sworn affidavit of executor, or

Certificate signed by executor’s attorney.Slide24

Proof of Compliance

3. Contents of Certificate or Affidavit

Name and address of each person notified.Slide25

Proof of Compliance

3

. Contents of Certificate or Affidavit

Name and address of each person notified.

Name and address of each beneficiary who filed a waiver.Slide26

Proof of Compliance

3

. Contents of Certificate or Affidavit

Name and address of each person notified.

Name and address of each beneficiary who filed a waiver.Name of each beneficiary whose identity or address executor could not locate with reasonable diligence.Slide27

Proof of Compliance

3

. Contents of Certificate or Affidavit

Name and address of each person notified.

Name and address of each beneficiary who filed a waiver.Name of each beneficiary whose identity or address executor could not locate with reasonable diligence.Other information about why proper notice not given.Slide28

Ramifications and

Unanswered Questions