My father passed away in Dec. 2009. Three years before his passing, he had a will drawn through his attorney, naming my brother executor. He left the house in a life trust to us, his bank accounts, insurance etc. to us as beneficiaries - essentially leaving no estate to be probated.
We've been advised, by an insurance company we are dealing with over a wrongful death claim in regards to our father, that if they settle/cut a check, (which they said could come by May/June of this year) it needs to be payable to his estate. A bank acct. needs to be open and a tax ID filed. The bank part, is not a problem. The part that is, is the fact my brother needs paperwork stating he was named executor. Can this be easily done now, if there was technically no estate probated but yet he was named in the will to be it? Can he file/petition the court on his own? How long would it take?
BTW: The malpractice claim was not brought to my father's doctors, until the beginning of Oct. 2011. They immediately passed it to their insurance company, whom we started working with in Nov. of 2011. The claim against them is not being done through a lawyer - we chose to do it on our own.
Thanks in advance to those who answer.
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