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Letter of Administration were there's no will.

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ruffrider27
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Letter of Administration were there's no will.

Postby ruffrider27 » May 26th, 2014, 5:50 am

First of all my dad died last week , may he R.I.P he was the best father in the world , He lived his 79 years for his children providing and caring . During his illness he put some things in place for us but not all his properties is still on his name , My Dad had no siblings and was with my mom in a common- law relationship for a number of years , his kids my sister and I are the only children . Then we found out that the letter of administration will have to be done and my mom being his common law wife cannot apply for the letter ,is this true ?

My question Is how many person can apply for the letter of administration , my sis she is older than me , only her or both of us . My mom ,sister and I decide only me to apply because of time consuming and the up's and down's , my sis busy at work all the time and I'm planning to return to Trinidad to apply for the letter , lots of time to spare .

The best lawyer in Port of Spain side who can help me apply for the letter of administration ?

How long this process takes ?

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Re: Letter of Administration were there's no will.

Postby abbow » May 26th, 2014, 7:58 am

^^ This...

had to go through this experience a few years ago....

sorry abt your loss....

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Re: Letter of Administration were there's no will.

Postby cannatwaite » May 26th, 2014, 8:15 am

Pm sent

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Re: Letter of Administration were there's no will.

Postby shottah_crew » May 26th, 2014, 8:42 am

First of all, my condolences bro.

My 2 cents - people can give a lot of bad advice and "what they believe to be true", so safest thing is always to seek the advice of a competent attorney to assist. Only 1 person need apply for the LOA, but sec. 25 of Administration of Estates - Ch. 9.01deals with cohabitants and their entitlements.

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Re: Letter of Administration were there's no will.

Postby AllTrac » May 26th, 2014, 8:50 am

condolences. Dont know how I would deal losing my father

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Re: Letter of Administration were there's no will.

Postby cinco » May 26th, 2014, 9:01 am

Condolences bro.
Good advise above

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Re: Letter of Administration were there's no will.

Postby wagonrunner » May 26th, 2014, 1:10 pm

AllTrac wrote:condolences. Dont know how I would deal losing my father
get prepared. unless yuh cryogenics lab functional yuh gonna have to at some point.
Accept he may not be around tomorrow, and cherish your todays more.

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Re: Letter of Administration were there's no will.

Postby bluefete » May 26th, 2014, 7:30 pm

wagonrunner wrote:
AllTrac wrote:condolences. Dont know how I would deal losing my father
get prepared. unless yuh cryogenics lab functional yuh gonna have to at some point.
Accept he may not be around tomorrow, and cherish your todays more.


Great advice!

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Re: Letter of Administration were there's no will.

Postby sweeks » May 27th, 2014, 5:29 am

My condolences

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Re: Letter of Administration were there's no will.

Postby joker » May 27th, 2014, 12:48 pm

Was your dad divorced / legally single?

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Re: Letter of Administration were there's no will.

Postby ruffrider27 » May 27th, 2014, 4:33 pm

joker wrote:Was your dad divorced / legally single?


My dad never married .

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Re: Letter of Administration were there's no will.

Postby joker » May 27th, 2014, 4:49 pm

Ok u safe... the will must probate....
His properties will go to his estate and his beneficiaries will aquire it.....get a good lawyer.

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Re: Letter of Administration were there's no will.

Postby The_Honourable » May 28th, 2014, 1:16 pm

ruffrider27 wrote:First of all my dad died last week , may he R.I.P he was the best father in the world , He lived his 79 years for his children providing and caring . During his illness he put some things in place for us but not all his properties is still on his name , My Dad had no siblings and was with my mom in a common- law relationship for a number of years , his kids my sister and I are the only children . Then we found out that the letter of administration will have to be done and my mom being his common law wife cannot apply for the letter ,is this true ?

My question Is how many person can apply for the letter of administration , my sis she is older than me , only her or both of us . My mom ,sister and I decide only me to apply because of time consuming and the up's and down's , my sis busy at work all the time and I'm planning to return to Trinidad to apply for the letter , lots of time to spare .

The best lawyer in Port of Spain side who can help me apply for the letter of administration ?

How long this process takes ?


Hello ruffrider27.

First of all, my condolences to you and your family.

About your case, i went through something similar twice some years ago for different reasons. Here is what I learnt.

Your mom who is the common law wife cannot apply BUT his children can. The question is, does his children, your sister and you agree? If not, pressure start. Suppose his children already started and decide to leave people out? Does the other children know you have been appointed to deal with his estate? Do they agree with it? Do they acknowledge you at all? It sounds bad but disagreements and bacchanal happens all the time when it comes to money, house and land.

Your mom have to prove now that she was in a common-law relationship with your father, meaning that she have to get bills, receipts, witnesses, signed affidavits plus other stuff to account for the number of years she was with your father. If she can't prove it, she is at risk of not receiving anything from his estate unless one or more of his children decide to give her something during the probate process.

About his properties, as joker rightfully said, the properties that are under his name will automatically go under his estate where it would be divided up in the probate process. If it have no agreement and bacchanal instead in the division process, the court will sell the properties and the sum collected would be divided evenly among the parties involved or what was agreed upon. The properties that are not under his name, you have to do a deed search to find out who are the current owners. If he sold them to someone else or he passed them onto one or more of his children, you can't do anything about that unless you suspect fraud was involved (example that he was not mentally capable at his age to do business or he was forced to sign) Then you have to file a caveat and that is bacchanal all by itself. If the property is under you father's parents name (your grandparents) or one of them, whoever the court grants to control your fathers estate, that person can file for the grandparent/s estate. (unless the properties were already granted to someone but a deed was never made)

If all the children can come together and agree about how to divide his estate. Most of your trouble have been avoided. Just make sure you have copies of all the legal documents, the estate number when the documents have been filed, you understand fully what is going on, and don't trust blindly. Since the court system is slow, that would be the only thing to worry about. The simpler the case, the faster it can reach the probate process. Too much people involved and documents needed, it can take more than a year or two. One case i know took 9 months for the court to grant a probate while another took 3 years. Remember also that there is a backlog in the probate section by 3-4 months. So if your paperwork reach the probate section today, they will check it 3-4 months from now. Even when the reach your paperwork, that does not automatically mean you will get through. If they want clarification and documents, they will send queries to the lawyer handling the estate. When the queries are answered and documents submitted on date x, they will take a next 3-4 months from date x to check it.

That is the knowledge i have but still clarify with a competent lawyer because I am subject to correction. You can always update us, and good luck!

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Re: Letter of Administration were there's no will.

Postby cinco » May 28th, 2014, 3:48 pm

btw i went in legal affairs today
by 1 pm they were locking the doors saying they had too many people to see about downstairs

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Re: Letter of Administration were there's no will.

Postby ruffrider27 » May 28th, 2014, 3:59 pm

Since then my family and I agreed to have me as the one to apply ,but we got a great lawyer and we had to file to see if a will was registered first .

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Re: Letter of Administration were there's no will.

Postby ruffrider27 » June 5th, 2014, 7:51 am

Update

We gotten some great support from the lawyer we hired to deal with the letters , all the paper work has been forward to the financial institutions , with no problems we should get thru by 3 months for the most .

It looks like when family disagree with assets it takes longer , no fighting no worries .

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Re: Letter of Administration were there's no will.

Postby abbow » June 5th, 2014, 10:34 am

great news, glad you getting through...

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Re: Letter of Administration were there's no will.

Postby shottah_crew » June 6th, 2014, 12:01 pm

ruffrider27 wrote:Since then my family and I agreed to have me as the one to apply ,but we got a great lawyer and we had to file to see if a will was registered first .


Well it didn't really "file". That's a search in the registry to make sure no will was registered.

Another option was to apply to High Court for a cohabitational declaration and that would permit your moms to apply. But if everyone getting along well, no need as that would have to have been done prior to the filing for LOA.

As long as you have a lawyer you should be in good hands cuz this is a fairly basic estate.

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Re: Letter of Administration were there's no will.

Postby ruffrider27 » July 1st, 2014, 9:05 am

Update on my progress with the L.O.A

10. Inventory—This document contains a statement of the assets of the estate, their value upon the death of the testator.

11. Certificate of search—A certificate signed by the Registrar to the effect that a search was made at the Registry (done prior to the application) and that there has been no other application for probate or administration in the estate in question and that no will deposited in the registry.

letters to the inventory were giving to my Lawyer by the different financial institutes less than two weeks ago ,it's the Registry we are waiting on for the Certificate of search .

feel free to ask any question ,during the time spent home i got real knowledge of this subject .

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Re: Letter of Administration were there's no will.

Postby cinco » July 1st, 2014, 9:20 am

Thanks for sharing your experience and process

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Re: Letter of Administration were there's no will.

Postby desifemlove » July 1st, 2014, 10:44 am

intecsay rules?

either way, you and your siblings and ting should get through...

I ent no property/family lawyer, but then your father's wife may have a claim, even if it were common-law wife.

sorry for your loss though. Keep strong.

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Re: Letter of Administration were there's no will.

Postby ruffrider27 » July 2nd, 2014, 8:37 am

desifemlove wrote:intecsay rules?

either way, you and your siblings and ting should get through...

I ent no property/family lawyer, but then your father's wife may have a claim, even if it were common-law wife.

sorry for your loss though. Keep strong.

we all agreed the estate will be divided equally , my dad had three properties ,my mom will get the most valuable one :lol: :lol: she insisted .

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Re: Letter of Administration were there's no will.

Postby antlind » July 2nd, 2014, 12:26 pm

OP please accept my condolences. I have to admit, this is the most informative thread I have read on this forum in a long while. Some good advice and knowledge shared here.

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Re: Letter of Administration were there's no will.

Postby antlind » July 2nd, 2014, 12:28 pm

By the way, my Dad turned 90 last month. I am approaching 50 and I don't know how I would ever deal with his passing. Stay strong OP.

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Re: Letter of Administration were there's no will.

Postby rookie » July 2nd, 2014, 12:38 pm

I didn't read through all the stuff but I just went through the process it takes about a YEAR pm me I can give u my lawyer name an number he is located in port of Spain Trinidad is VERY VERY slow so it's a waiting game

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Re: Letter of Administration were there's no will.

Postby shottah_crew » July 3rd, 2014, 9:15 pm

rookie wrote:I didn't read through all the stuff but I just went through the process it takes about a YEAR pm me I can give u my lawyer name an number he is located in port of Spain Trinidad is VERY VERY slow so it's a waiting game


Not always very slow. Depends on the the relation of the applicant to the deceased, your lawyer and the complexity of the estate itself. Husband/wife and parent/child are usually straight forward and don't take as long.

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Re: Letter of Administration were there's no will.

Postby ruffrider27 » August 22nd, 2014, 7:47 am

since my last post it went tru registry and the next step will be putting the info in the daily papers.

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Re: Letter of Administration were there's no will.

Postby abbow » August 22nd, 2014, 8:12 am

almost completed....lawyer will call you in to collect the LoA...then you can conduct any business regarding your father's estate.

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Re: Letter of Administration were there's no will.

Postby Xplode » August 22nd, 2014, 12:48 pm

sry about your loss ruff .

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Re: Letter of Administration were there's no will.

Postby ruffrider27 » September 22nd, 2014, 2:18 pm

Xplode wrote:sry about your loss ruff .

Thanks my friend ..

Update since then all the up's and down's , sometimes have to find my way tru traffic just to sign a affidavit , will be getting the LOA of my Father's estate in the matter of weeks .

so 2ner's some pointers getting the Letters of Administration of Probate of Will

Must have an updated property valuation of the decease from the date the person died , the registry don't want back dated ones .

have a person older and known the decease for years ready to sign a affidavit if needed .

make sure have all the known estate ready for valuation bank accounts ,property ,vehicles ,shares certificates,even cash , search you will find allot tru the decease belongings.

sit down and talk to your family no fighting for anything ,let the person who you all decide to become the executor of the estate to sign a bond saying he or she will share the estate , you will get it faster this way .


Find a very good Lawyer if you need a contact for my own pm me, trust me she is excellent .

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