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professionals, and will be helpful to anyone who wants to learn more about ‘companioning’ children and teens in grief,” says Tabor-Buth.
The June 12 event is beneficial for social workers, school counselors, school personnel, child life specialists, teachers, nurses, clergy, chaplains, daycare providers and parish nurses.
The fee for the daytime conference is $89 and participants may register at http:// www.hrrv.org/journeyinghome/. [AWM]
Whether through intestate succession (when there is no will) or when nominated by a will, many people will have an opportunity to serve as a personal representative (also called an executor) at some point in their lives, after a friend or family member has passed away. If you are a personal representative, a general overview of a personal representative’s powers and duties will be helpful.
A personal representative of a decedent’s (the person who passed away) estate is a fiduciary. This means a personal representative is entrusted with settling and distributing the estate’s assets as expeditiously and efficiently as possible, and must act in the best interests of all heirs.
A probate is the process by which a decedent’s property is passed by a will or by state law if there is no will.
There are important deadlines which a personal representative must be aware of. For instance, within thirty days after appointment, the personal representative must give notice and information to the heirs and devisees (someone named as a beneficiary in the will) of the estate. Within six months after appointment or nine months after the death of the pO w E R s a N D Duti E s O F p ER s O N a L R E p R E s E N tativ E s decedent, whichever is later, a personal representative must prepare an inventory of all of the decedent’s property. A personal representative may employ appraisers to assist in ascertaining the fair market value of the estate’s assets. A personal representative must either file the inventory with the district court or mail copies of the inventory to the heirs and devisees. While not required (in North Dakota), it is beneficial to give notice to creditors. To give proper notice, a personal representative should mail a copy of the notice to those creditors whose identities are known or are reasonably ascertainable. For those creditors who are not reasonably ascertainable, a personal representative should publish a notice once a week for three successive weeks in a newspaper in the county in which the estate is being probated. It is beneficial to give notice to creditors because notice requires creditors to file any claims they might have against the estate within three months of notice. If no notice is given, creditors have three years to file any claims. Serving as a personal representative can sometimes entail a lot of work.
That work, however, does not need to be uncompensated. A personal representative is entitled to reasonable compensation for his or her services, and that should be reported as income. There are, however, certain risks associated with serving as a personal representative. A personal representative is liable for damage or loss resulting from breach of the personal representative’s fiduciary duty. While there are forms for handling a probate that can be obtained from the courts, many people find this to be a daunting task to face without help from a legal professional. For this reason, among others, it is suggested that personal representatives consult with an attorney regarding any questions they might have concerning their powers and duties as personal representatives. This article was prepared by Berly Nelson, an attorney with the Serkland Law Firm in Fargo, North Dakota. Attorneys Tim Richard and Ian McLean contributed to this article. For more information, call 232-8957, email at bnelson@serklandlaw. com or visit www.serklandlaw.com.