Comments for The Administration of a Deceased Estate http://www.deceasedestatediy.co.za Fri, 20 Jan 2012 19:42:32 +0000 hourly 1 http://wordpress.org/?v=3.0.3 Comment on FAQ by admin http://www.deceasedestatediy.co.za/faq-2/#comment-915 admin Fri, 20 Jan 2012 19:42:32 +0000 http://www.deceasedestatediy.co.za/#comment-915 Daniel, no payouts are supposed to happen until the Master approves the L&D account and gives the go-ahead to distribute the assets according to the will. Daniel, no payouts are supposed to happen until the Master approves the L&D account and gives the go-ahead to distribute the assets according to the will.

]]> Comment on Government Gazette by admin http://www.deceasedestatediy.co.za/2011/02/government-gazette/#comment-914 admin Fri, 20 Jan 2012 19:41:19 +0000 http://www.deceasedestatediy.co.za/?p=82#comment-914 Hi Terry-Sue, if the estate is less than R125 000 then there will be no L&D account. You do however need to determine whether the company insurer's payout will happen or not and whether this will form part of the estate or not (I can't say because I don't know the terms of the possible payout). If it's an insurance policy this generally doesn't form part of the estate as they are paid out to the beneficiaries, or to descendants of deceased as determined by the insurance company. If you have a claim against the estate for maintenance, you have to hand this in to the Master of the High Court when you supply all the documentation (see our <a href="http://www.deceasedestatediy.co.za/faq-2/#3" rel="nofollow">FAQ </a>page). Hi Terry-Sue, if the estate is less than R125 000 then there will be no L&D account. You do however need to determine whether the company insurer’s payout will happen or not and whether this will form part of the estate or not (I can’t say because I don’t know the terms of the possible payout). If it’s an insurance policy this generally doesn’t form part of the estate as they are paid out to the beneficiaries, or to descendants of deceased as determined by the insurance company. If you have a claim against the estate for maintenance, you have to hand this in to the Master of the High Court when you supply all the documentation (see our FAQ page).

]]> Comment on FAQ by Daniel http://www.deceasedestatediy.co.za/faq-2/#comment-912 Daniel Mon, 16 Jan 2012 10:27:55 +0000 http://www.deceasedestatediy.co.za/#comment-912 Hi there, is it possible for legatees (not the heirs) to be paid out before an Estate is wound up (assuming there are no creditors)? Thank you Hi there, is it possible for legatees (not the heirs) to be paid out before an Estate is wound up (assuming there are no creditors)?
Thank you

]]> Comment on Government Gazette by Terry-Sue http://www.deceasedestatediy.co.za/2011/02/government-gazette/#comment-911 Terry-Sue Fri, 13 Jan 2012 08:32:47 +0000 http://www.deceasedestatediy.co.za/?p=82#comment-911 Hi, I have been appointed executor to my childrens late dads estate they are his only dependants and he was not married or had a live in partner. His estate is as it stands now is less than 125 000 but there is perhaps a payment that could be paid from his company if agreed upon by they companies insurer as he passed away in a mining accident in Kenya the amount could go to about 1 200 000. My three questions are: Do I need to wait for their decision before I do an L&D account (do I even need to do this as he had very little and no creditors)? How do I claim for maintenance due it has been 3 months (School fees ect)? Can someone assist with this L&D account Thanks Terry-Sue Hi, I have been appointed executor to my childrens late dads estate they are his only dependants and he was not married or had a live in partner. His estate is as it stands now is less than 125 000 but there is perhaps a payment that could be paid from his company if agreed upon by they companies insurer as he passed away in a mining accident in Kenya the amount could go to about 1 200 000. My three questions are:
Do I need to wait for their decision before I do an L&D account (do I even need to do this as he had very little and no creditors)?
How do I claim for maintenance due it has been 3 months (School fees ect)?
Can someone assist with this L&D account

Thanks
Terry-Sue

]]> Comment on FAQ by admin http://www.deceasedestatediy.co.za/faq-2/#comment-910 admin Tue, 10 Jan 2012 13:40:35 +0000 http://www.deceasedestatediy.co.za/#comment-910 Firstly condolences for your loss. Secondly, you are definitely entitled to be the executor - you don't need any legal qualifications or skills to be one! All you need is to know what the steps are and to do them in order and do them properly, correctly and neatly (so the Master accepts them). As for the insurance policies, you will unfortunately need to dig around in all his documents to try and find any correspondence between your dad and any insurance companies. If you can't find any, then I'd suggest writing to the major companies using his ID and name asking them to check for any possible policies. All the best! Firstly condolences for your loss. Secondly, you are definitely entitled to be the executor – you don’t need any legal qualifications or skills to be one! All you need is to know what the steps are and to do them in order and do them properly, correctly and neatly (so the Master accepts them). As for the insurance policies, you will unfortunately need to dig around in all his documents to try and find any correspondence between your dad and any insurance companies. If you can’t find any, then I’d suggest writing to the major companies using his ID and name asking them to check for any possible policies. All the best!

]]> Comment on FAQ by J Sharp http://www.deceasedestatediy.co.za/faq-2/#comment-909 J Sharp Tue, 10 Jan 2012 13:13:43 +0000 http://www.deceasedestatediy.co.za/#comment-909 My Dad passed away 2 weeks ago leaving his estate to my siblings and his wife . I was appointed executor in his will . How do I find out if and where any insurance policies may be as he did inform me he had some but I cannot find them ? May I be the executor of the estate as I have been told by a legal advisor that as the value is more than R125000-00 someone with a legal qualification has to do it ? Thank you My Dad passed away 2 weeks ago leaving his estate to my siblings and his wife . I was appointed executor in his will . How do I find out if and where any insurance policies may be as he did inform me he had some but I cannot find them ? May I be the executor of the estate as I have been told by a legal advisor that as the value is more than R125000-00 someone with a legal qualification has to do it ? Thank you

]]> Comment on FAQ by admin http://www.deceasedestatediy.co.za/faq-2/#comment-908 admin Tue, 10 Jan 2012 13:08:42 +0000 http://www.deceasedestatediy.co.za/#comment-908 Royce, you can't do any transferring of assets to yourself (or other heirs) until the Master of the High Court approves the distribution of the assets. Depending on the size of the estate, you have to follow the entire process of winding up the estate according to the law (we describe this process in our guide), and once all the steps are complete and the Master approves the Liquidation and Distribution account, only then can you distribute the assets. Royce, you can’t do any transferring of assets to yourself (or other heirs) until the Master of the High Court approves the distribution of the assets. Depending on the size of the estate, you have to follow the entire process of winding up the estate according to the law (we describe this process in our guide), and once all the steps are complete and the Master approves the Liquidation and Distribution account, only then can you distribute the assets.

]]> Comment on FAQ by admin http://www.deceasedestatediy.co.za/faq-2/#comment-907 admin Tue, 10 Jan 2012 13:03:09 +0000 http://www.deceasedestatediy.co.za/#comment-907 Hi Matshepo. Unfortunately if an executor was named in the will and this executor is willing to do the job, then you cannot have them removed unless you can prove their incompetence. If the estate account, into which all funds relating to the estate must be transferred, does not have enough funds to cover all expenses owed by the estate, then yes the executor may sell assets in order to raise the necessary funds. This is very sad when it relates to a property in which an heir lives unfortunately. If the heir is able to raise funds to cover all the estate's expenses and deposit this into the estate account, then selling the property should not be necessary. You really need to negotiate with the executor to come to the best solution for everyone involved. Hi Matshepo. Unfortunately if an executor was named in the will and this executor is willing to do the job, then you cannot have them removed unless you can prove their incompetence. If the estate account, into which all funds relating to the estate must be transferred, does not have enough funds to cover all expenses owed by the estate, then yes the executor may sell assets in order to raise the necessary funds. This is very sad when it relates to a property in which an heir lives unfortunately. If the heir is able to raise funds to cover all the estate’s expenses and deposit this into the estate account, then selling the property should not be necessary. You really need to negotiate with the executor to come to the best solution for everyone involved.

]]> Comment on Government Gazette by admin http://www.deceasedestatediy.co.za/2011/02/government-gazette/#comment-906 admin Tue, 10 Jan 2012 12:54:34 +0000 http://www.deceasedestatediy.co.za/?p=82#comment-906 Hi Marshane, You need to fill in a form <a href="http://www.deceasedestatediy.co.za/documents/J193(notice to creditors - eng).pdf" rel="nofollow">J193</a> and send this to the government gazette, together with payment for the advertisement. The gazette is published every Friday and you need to submit the form a week before. The same advertisement has to go to your local newspaper and must be published on the same day. Our guide gives you all the step-by-step information with examples if you are interested in more details. Hi Marshane, You need to fill in a form J193 and send this to the government gazette, together with payment for the advertisement. The gazette is published every Friday and you need to submit the form a week before. The same advertisement has to go to your local newspaper and must be published on the same day. Our guide gives you all the step-by-step information with examples if you are interested in more details.

]]> Comment on FAQ by panos http://www.deceasedestatediy.co.za/faq-2/#comment-905 panos Sun, 08 Jan 2012 09:04:07 +0000 http://www.deceasedestatediy.co.za/#comment-905 I'm heir of an Estate in Johannesburg and the executor of the Estate refuse to lodge the L & D account to the Master despite the date line that the Master gave to him. What can I do in order to resolve the problem and remove the executor from his duties. I’m heir of an Estate in Johannesburg and the executor of the Estate refuse to lodge the L & D account to the Master despite the date line that the Master gave to him.
What can I do in order to resolve the problem and remove the executor from his duties.

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