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Traditionally, letters of administration granted to a representative of a testator's estate are called "letters of administration with the will annexed" or "letters of administration cum testamento annexo" or "c.t.a.". Essentially, this document is issued to the person who will administer the estate of someone who dies without a will.
Humphrey's Executor v. United States, 295 U.S. 602 (1935), was a Supreme Court decision regarding the United States President's power to remove executive officials of a quasi-legislative or quasi-judicial administrative body for reasons other than what is allowed by Congress. The Court unanimously held that the President did not have this power.
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
Thus, the property that is subject to the power is includable in the power holder's estate for estate tax purposes. A general power of appointment is a key element of a type of marital deduction tax law as prescribed in Internal Revenue Code §2056(b)(5). It is a trust that qualifies for the marital deduction, provided that the surviving spouse ...
Administration durante absentia, when the executor or administrator is out of the jurisdiction for more than a year. Administration pendente lite, where there is a dispute as to the person entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided. [3]
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Any person designated as an executor can choose not to administer the estate. In the UK, upon making that choice the designated person can execute a "power reserved" letter, which allows the person to later act as executor if the person named on the grant of probate is removed or is no longer able to act. [1]