10 Important Things about Probate - Talk to the Top Probate Lawyer in Chennai 9840802218

10 Important Things  about Probate

1. What does Probate mean?

Probate means the act of proving a will. This term has lost a lot of that traditional meaning. It now generally applies to reference the court and the process that is used to administer the estate of a decedent. And the declaration of the genuineness  of the Will.

2. What are some of the terms used in the probate process?

The probate process is full of uncommon terms. Here are just a few with simple definitions:

a. Decedent: The person who has passed away.

b. Testate Estate: A person has passed away with a valid will. c. Intestate Estate: A person has passed away without a will.

d. Executor/Executrix: The person appointed by the court in a testate estate to be the agent for the estate. This person is responsible for carrying out the terms of the will.

e. Administrator/Administratrix: The person appointed by the court in an intestate estate to be the agent for the estate. This per- son is responsible for administering the estate according to the intestate laws for the state. f. Personal Representative: A catch-all designation for both ex- executors and administrators. It is a more general term to identify the person responsible for administering the estate either under the terms of the will or the laws of intestacy.

3. Probate is public:

If a person’s estate is required to go through the probate process, then the court filings associated with that case are public records. This scares many people because they think of the family’s dirty laundry will be aired out in public. In most cases, this isn’t the case, because there isn’t controversy within the family. Further, it is not uncommon for the requirements to file an inventory of assets to be waived by the court based upon the terms of the will or the agreement of the parties involved.

4. Debts and taxes don’t die:

The debts and the taxes of the decedent don’t die. All of the assets owned by the decedent at the time of his or her death are eligible to be used towards payment of valid debts and taxes. It is the requirement of the personal representative to use the estate assets to pay all valid debts and taxes before estate funds are distributed.

5. When do you need to do an inventory of assets?

The personal representative will either be required to file an inventory of estate assets or this will be waived by the court. Even if the court waives such a requirement, the personal representative will still be required to make an inventory for the benefit of all interested parties (beneficiaries, creditors, taxing authorities, etc.).

6. Which assets are probate assets?

One of the more confusing points about the probate process deals with identifying those assets that are actually under the control of the personal representative. An easy way to remember what assets are “probate assets” is to identify the assets that were solely in the name of the decedent or were jointly titled without rights of survivorship. Those assets are considered “probate assets” because they did not automatically pass to someone else under the law when the decedent died. Assets that were jointly owned with rights of survivorship, or assets that had beneficiary designations (life insurance, retirement accounts, bank accounts with payable on death designations, etc.) are considered “non-probate” assets and are outside the control of the personal representative. Real estate is a bit of an oddball because it can be both a probate asset and a non-probate asset, depending upon the facts of the case.

7. What fees are involved?

Advocate fees and personal representative fees are eligible to be paid from the estate if the court approves payment from the estate. If the court does not approve the payment of attorney fees from the estate, then they will not be paid from the estate. The only other option is for all of the beneficiaries to agree that a fee is appropriately paid from the estate, and even in this scenario, there are some situations when this would not be appropriate.

8. How long does it take?

The estate administration process takes several months. It is very hard to administer an estate in less than 4 months. This is because there are some waiting periods, such as the window of time allowed to permit creditors to file claims. After you factor in the processes for identifying all of the assets, dealing with creditor issues, tax issues, and more, most estates are resolved in around 6 months. When the Will is challenged by some one then it is very complicated being open for years.

9. How much is the court involved?

The court is involved with the estate from an oversight position. The court is there to make sure that everything is done appropriately. It is as though the executor is an agent for the court. The personal executor is out there doing the legwork and bringing results back to the court for approval or guidance. If the court recognizes that something was done wrong, or in an incomplete fashion, then the court will actively intervene to ensure that it is done correctly.

10. What happens at the end?

When it is time to close out an estate, it is important to remember to button up all the edges. All final waivers have to be obtained from the beneficiaries, creditors, and taxing authorities before final distributions are made. The executor needs to make sure that all of the decedent’s remaining matters are fully and finally resolved. When this is done, the court will permit the estate to be closed and the executor will be released from any further or future responsibility.

The Author K.P.Satish Kumar M.L. is the top probate lawyer in Chennai.

By Team Daniel & Daniel

Helpline :- 9840802218

Corporate Lawyer: Who can claim EPF amount after death of an empl...

Corporate Lawyer: Who can claim EPF amount after death of an empl...: Employee Provident Fund amount is paid to the nominee that was nominated at the time of initiation of the account. If there was no nominee ...

Who can claim EPF amount after death of an employee - Talk to Top Labour Lawyer - 9962999008

Employee Provident Fund amount is paid to the nominee that was nominated at the time of initiation of the account. If there was no nominee assigned then the EPF amount is paid to the immediate members of the family. If the family members and the nominee are not applicable for the account then the legal heir can claim the EPF amount. Firstly you should checked the Nomination form knows which family member's has been nominated there then after that you can proceed for further.


Following are the guidelines for the same. -For unmarried employees, claimant can be the parents of the employee only -For married employees, claimant can only be the spouse and kids (up to three) below the age of 25 years -Each claimant is paid the equal proportion of the total calculated amount for both PF and Pension Fund -Provident Fund amount is paid in one time. However, Pension Fund is divided into equal monthly installments -All the funds gets transferred to the claimants through NEFT -All claimant's bank accounts should be with the same bank

Documents required to claim PF in the given situation are as mentioned below: -Employee's Death Certificate -List of Family Members of the Employee/ Family Chart -Duly filled and signed attached forms - Composite Form 20/Form 10 D/Form- 5 IF (1 or 2 copies ) -Joint photograph of all the claimants -Employee's ID Proof -Each claimant's (parent and spouse) ID Proof -Birth Certificate for the kids of the employee - Death Certificate - Joint photograph of all the claimants -Scheme Certificate (if applicable) -For verification of bank accounts, a copy of cancelled cheque or attested copy of first page of bank Pass Book. **Please make a note that All death case claims submitted by spouse or nominee or legal heirs of EPF members be invariably settled within a period of seven days from date of submission of claim form in concerned field office where the deceased members accounts are being maintained. Encl: Composite Claim Form in Death Cases [Form-20 (PF Payment)/Form-10-D (Pension)/ Form - 5 IF (EDLI)] 

Talk to the Top Labour Lawyer for free   fifteen minutes @ 9962999008

Procedure for withdrawal of EPF amount of the death person - Top labour Lawyer - 9962999008

A lot of EPF accounts are lying unclaimed after the death of an employee. Families have no idea how to claim for the EPF money and what is the process?

Today I will share with you how your family will be able to withdraw the EPF account money in case something happens to you.

How to claim EPF money after death of employee?

Once a person is dead, the beneficiaries of the dead employee can proceed with the process of withdrawing the EPF money. The first right is of the nominee who was mentioned in the EPF by the account holder. Mostly it’s a father or mother as most of the people are unmarried when they start their careers and they mention one of the parents as nominee.

Talk fifteen free minutes with the top labour lawyer for your EPF consultation :

Here are the documents one need to submit

1	EPF Composite Form	The first form is called Composite form for death cases, which is a single form to be filled to claim EPF, Insurance money and any pension amount.
2	Death Certificate	You need to provide the death certificate of the EPF account holder who had died.
3	Birth certificate of children claiming pension	If there are children of the deceased who are claiming the EPF, they need to provide the birth certificate for each of them
4	Joint photograph of claimants	One has to provide a joint photograph of all the claimants together. This is to make sure that there is no fraud in the name of claimants.
5	Copy of cancelled cheque or attested copy of first page of bank Pass Book	To make sure there is a proof of the account where money is is going, one has to provide the copy of cancelled cheque or first page of bank passbook
6	EPS Scheme certificate (only if applicable)	This is a certificate which is a document which has all the details of who will get the pension etc after the death of a member . It’s issued by EPFO and this is applicable only when there is a pension part applicable.

How to Claim PF Amount of the death person - Top Labour Lawyer - 9962999008

EPF is a retirement savings scheme subscribed by all employees in the country wherein they contribute 12% of their basic salary and dearness allowance each month. The employer also is mandated to contribute a similar portion to the employee's fund. While guidelines for the EPF account redemption or transfer are stipulated by the EPFO, there can also be a case when the subscriber or the EPF account holder dies and the family members are then left in a lurch on how to get the proceeds from the account. So, here we will help you out with the procedure to make the claim in case the subscriber of the EPF account dies:

On death of the EPF member, nominee made at the time of initiation of the account can apply for the claim. But, in case if the nominee happens to be a minor then his or her guardian will be eligible to make the claim. Else if no valid nomination exists then family member(s) of the deceased can make the claim with complete details in respect of surviving family members as on the date of death of the member. If both the above are not applicable then in such a case legal heir supported by a legal heir ship certificate can make the claim.

Other documents needed -Death certificate of the deceased EPF account holder -In case of more than one claimant, a joint photograph of all the claimants together has to be given to avoid any fraud - If the deceased has children who are making the claim then birth of certificate of each of them has to be given - First page of the passbook or cancelled cheque of the bank account in which you wish to get the EPF money credited - In case if the pension component is applicable towards the EPF account then the claimant has to submit the EPFO issued - EPS Scheme certificate which provides details of the beneficiary who will be eligible to receive pension amount etc after the death of the subscriber.

Talk to the Top Labour Lawyer  for  free fifteen minutes @ 99629999008
Daniel &  Daniel ::;- 2132, Vasantham Colony, Annanagar West, Chennai--600040

When a FIR can be quashed?

In the exercise of the extra-ordinary power under Article 226 or the inherent powers under Section 482 of the Code of Criminal Procedure, the High Court under the following categories of cases are given by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guide- framed the kinds of cases wherein such power should be exercised:

(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;

(c) where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;

(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

In cases where, the allegations made in the complaint, do clearly constitute a cognizable offence justified on the High court can quash the FIR.

For queries call Daniel & Daniel @ 9884883318.

Govt starts to ammend the debt laws

The Banking industry is passing through the phase of rising NPAs, interest rates and mounting cases of debt restructuring. The government has on various occasions shown its concerns on this sector. Thus, the government has introduced an Amendment Bill in Parliament to enable banks and financial firms to effectively deal with bad loan recovery.

It will help to bring down lending rates for home and corporate loans, experts said. Enforcement of Security Interest And Recovery of Debts Laws (Amendment) Bill, 2011, which was introduced by minister of state for finance Namo Narain Meena in the Lok Sabha, seeks to strengthen recovery process of secured loans.

It seeks to amend the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act 2002 and Recovery of Debts due to Banks and Financial Institutions (RDBF) Act 1993.

To ensure expeditious adjudication and recovery of dues of banks and financial institutions, remove legal anomalies and strengthen the Recovery Tribunal, the RDBF Act was amended in the years 1995, 2000 and 2004.

The amendment in SARFAESI Act will "provide for conversion of any part of the debt into shares of a borrower company and such conversion shall be deemed always to have been valid as if the provisions of said conversion were in force at all material times."

It also seeks "to permit the multi State Cooperative banks, with respect to debts due before or after the commencement of the proposed legislation, to opt either to initiate proceedings under the Multi-State Co-operative Societies Act 2002 or to initiate proceedings before the Debt Recovery Tribunal."

It will also enable in increasing the period of response to be sent by the banks or financial institutions to the representation of the borrowers to 15 days from 7 days.

The bill will empower banks or financial institutions to accept the immovable property in full or partial satisfaction of the claims of the bank against the defaulting borrower.

The amendment will allow district magistrate or the chief metropolitan magistrate to authorize any subordinate officer to take possession of assets or forward assets to the secured creditors.

The Bill has also proposed to amend the RDBF Act 1993 that among other things would "enable the banks and financial institutions to enter into settlement or compromise with the borrowers and also to empower Debts Recovery Tribunals to pass an order acknowledging such settlement or compromise."

From TEAM Daniel & Boaz
Chennai Law firm
Helpline:- 9962999008
email: myadvocate@rocketmail.com