Understanding the Lawfulness of Electronic Signatures for Affidavit of Title

How to eSign a document: electronic signature lawfulness for Affidavit of Title

hello there I'm attorney shoty Li Schaefer from the asset protection and Elder Law Center I'm also the host of trust talk radio that airs every Sunday at 10:00 a.m. on 101.5 FM KOC so listen to the show it's great and a lot of fun and you'll learn everything related to estate planning so I wanted to continue the conversation of the probate court process and so specifically in this video I want to talk about about how family members uh basically get involved in their probate Administration so generally speaking let's say a parent has passed away and it was just one you know Mom has already passed on and Dad just recently passed away didn't have a will or a trust and now the family members have to administer his estate sell his home uh get rid of the automobile pay off the creditors and whatever is left in the estate would be distributed to his rightful heirs uh in this scenario what happens is someone that's related to um this elderly individual would the father would step in and say I want to act as the administrator and one of the duties of the administrator is to notify um all next of kin any individuals um that is connected with this this man this father so for example if he has two children even if he has an IL illegitimate child somewhere if the ad administrators aware of this child it is their duty to do all they can to notify this child that the father has passed away so um what does notification mean you actually have to send um notices in writing via the US Postal Service to the individuals um a lot of times if you can't locate the person you have to go through a reasonable process and effort to try to locate the individuals to make sure they get at um actual notice as to the death of the their family member and to this probate Administration and so what that does is the courts um it allows the courts to know who is all the family members uh who has rights to this father this individual's the state and make sure that if anyone has um a right under the law under the probate code then they're actually being um informed of the probate case everything that's going on all the assets in the estate who the creditors are and then ultimately if they're owed a share or percentage of the estate they get whatever percentage is owed to them and then it allows that person to have the opportunity to step in and make any claims if they have concerns regarding the person that's administering it or if they have any other issues that are um important and they have a legal uh claim or right of any kind it gives them the opportunity to either bring that claim themselves or hire an attorney to bring that claim for them so um basically um your family and heirs would have rights to notices and um a right to have information um of the um Probate Court Administration and everything that goes on and then ultimately to their percentage or share of the estate so that's the important process of probate Administration you better believe the judge is going to want to know you know who the full legal names of the children their ages their last known addresses and if that information is is not known to the administrator the administrator has a duty to discover that information by using a service that helps them locate people and whatnot so there's a there's definitely a rigorous process you can't just be like oh we haven't spoken you know to his youngest son in years so whatever you can't do that the judge will say well that's not good enough so um it's a whole process that you want to be mindful of and there's a process of accountability and you want to make sure that every individual that has a right to that father's estate is getting um actual notice that there's a probate Administration going on so continue watching um I'm going to talk about one or two more subjects related to probate just trying to give you sort of a the general understanding of what the probate Administration process is all about so again I'm attorney shotty Li Schaefer from the asset protection and Elder Law Center I'm also the host of trust talk radio on 101.5 FM that airs every Sunday at 10:00 a.m. thanks for watching and stay tuned e for