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Lawyer passed away

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Location: Aliquippa  |  Law type: wills
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My mother passed on 7/10/2024. I just located her will and found her lawyer had passed away 2 years ago. Her annuity is requesting for documents that contain the EIN. I do not have any documents except for her will written in 1988 that does not have an EIN or SSN. They mention Administrator/Executor of the estate with EIN, Summary Plan Administrator or small estate affidavit with EIN.  I have not come across any of the documents. My Oldest sister is listed as the Executor. My sister did not know she was listed as the executor.  I am the POA so I am trying to work on requested paperwork.  Would the court have these documents?  Thank you, Cindy. 

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Legal Solution

The response provided below is specific to wills in the jurisdiction of Aliquippa. If the response is inadequate, please submit a detailed inquiry.

First, I'm sorry for your loss, Cindy. Handling estate matters without all the documents can be challenging, especially when the attorney has passed away. Here's what you can do to manage your mother's annuity and other estate matters:

1. Obtain a Copy of the Will and File It with the Probate Court
Since your sister is listed as the executor in the will, the first step is to submit the will to the probate court in the county where your mother resided. Even though your sister did not know she was named as the executor, the court will issue letters testamentary once the will is admitted to probate. These letters will officially name her as the executor, giving her the legal authority to handle the estate, including obtaining an EIN for the estate.

If your sister is unable or unwilling to serve as the executor, she can decline, and the court will appoint someone else, possibly you, to take over those responsibilities.

2. Request an Estate EIN (Employer Identification Number)
Once the probate court appoints your sister as the executor, she (or you, if you become the executor) will need to apply for an EIN for the estate. This is a tax identification number required to manage estate assets, such as annuities. You can apply for the EIN online through the IRS website, and it’s typically issued immediately.

3. Small Estate Affidavit (If Applicable)
If your mother's estate qualifies as a small estate under Pennsylvania law, you may be able to bypass the full probate process using a small estate affidavit. Pennsylvania generally defines a small estate as one where the total assets do not exceed $50,000 (excluding real estate). In this case, the affidavit would need to be filed with the probate court, and once accepted, it will grant the authority to manage the estate. You would still need an EIN, but this process can simplify things if the estate qualifies.

4. Locate and Gather Other Estate Documents
If your mother had an attorney and that attorney passed away, check if any law firm acquired the practice or took over the attorney’s files. Law firms often transfer client files when an attorney passes away. Contacting the law firm where the deceased lawyer worked might help you locate any missing estate documents.

5. Contact the Annuity Company for Guidance
Since you are handling the paperwork, contact the annuity company and explain the situation. Let them know the lawyer has passed away, and that the will is being processed through probate. They may provide you with specific forms or alternative solutions, but they will likely still require the estate's EIN and letters testamentary from the court to proceed with any payments or distributions.

6. Power of Attorney (POA)
Keep in mind that your authority as power of attorney (POA) ended upon your mother's death. The estate’s executor or administrator is now responsible for handling legal and financial matters. However, since you are assisting your sister, you can still help her with the required paperwork once she is appointed as executor.

Disclaimer:

This information is provided for general guidance and does not substitute legal advice. Consulting with an estate attorney can ensure you meet all necessary requirements and properly handle your mother's estate.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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