förrättningsman
English translation: executive official/officer
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| 08:35 Oct 28, 2010 |
| Swedish to English translations [PRO] Law/Patents - Law: Contract(s) / estate inventory/probate | |||||||
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|  Selected response from: A Word For I (X) Local time: 11:12 | ||||||
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| 5 | executor |
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| 4 | (E&W) PR/Personal representative = Executor/trix if Will vs. Administrator/trix if none |
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| 4 | Trustee |
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| Discussion entries: 6 | |
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Answers
11 hrs confidence: 
(E&W) PR/Personal representative = Executor/trix if Will vs. Administrator/trix if none Explanation: Man is a man but in an egalitarian society like Sweden must include a woman, namely Executrix and Administratrix. Also unclear from the question if there is a Will. PR plays safe as applies both to testacy and intestacy. A PR is a kind of trustee - see the ref. to fiduciary in the example sentence. But describing the signatories to an estate inventory as trustees would, in the UK at least, imply a temporary guardian of the estate for someone else, or again that a Trust or Settlement has been created over the property: which is usually not the case, unless there is a dispute triggering a Deed of Variation of the Will a.k.a. DoFA = Deed of Family Arrangement between beneficiaries and aggrieved claimants. NB A probate Executor /rix on testacy and an Administrator/rix on intestacy where Letters of Administration and not Probate are granted. Half-way house: if there's a partial intestacy, Letters of Administration cum testamento annexo are issued. Moral of the story: actual probate practic/se is vital to answering this question. Example sentence(s):
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19 hrs confidence:
executor Explanation: see Swedish Dictionary, Routledge, London, Repront 2010 ISBN 978-0-415-13244-2 |
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53 mins confidence:
Trustee Explanation: http://www.calprobate.com/blog/bid/38263/Facing-Executor-or-... Probate, Trusts, and Estate Law Blog Facing Executor or Trustee Dishonesty: a Probate Attorney Perspective Posted by Janet Brewer on Wed, Jun 23, 2010 @ 11:09 AM Santa Clara County probate attorneyWhen executors or trustees take advantage of trust Most people assume that the person they have named as their executor or trustee is honest and would never take advantage of the position of trust they’ve been placed in – that they would never embezzle, cause unnecessary delays in the distribution of the assets, fail to account for assets, or otherwise mismanage the estate. California probate courts see many cases of dishonest executors and trustees Unfortunately, in many cases, they would be wrong. A local probate court judge recently stated that many of the cases he’s hearing these days deal with a dishonest executor or trustee (he also said that another “hotbed” of estate litigation deals with co-trustees who cannot get along with each other – but that’s a topic for another day. Also - Svensk-Engelsk Fackordbok, A Swedish-English Dictionary of Technical Terms Used in Business, Industry, Administration, Education and Research, Stockholm, 1964 executor [of a deed], authorized official, executive official (officer) - executor and administrator are cross-referenced in this work as what you have found above. There is some overlap there. "Trustee" covers a somewhat wider range of authorization it seems. -------------------------------------------------- Note added at 1 hr (2010-10-28 09:42:47 GMT) -------------------------------------------------- Trust attorney - & successor tustee http://www.grossmanlaw.net/library/removing-parents-trust-at... Removing parent's **trust attorney** as trustee Some trust attorneys think it is appropriate for them to serve as trustee or co-trustee of their clients' trusts after their clients have died. The California Probate Code provides a way of removing those attorneys from their role as successor trustee. Beneficiaries who find themselves dealing with their parent's attorney are often wise to seek the attorney's removal. Attorneys who do this know, or ought to know, this type of conduct is disfavored by the California law, reeks of undue influence, and may tell you something about that attorney's ethics.....Lisa was irate her father's *trust attorney* would change his trust when he was so obviously impaired. She was even angrier his attorney would serve as successor trustee....Lisa had some powerful tools on her side. First, the California Probate Code creates a presumption that an attorney who drafts a trust and serves as trustee is presumed to be prohibited from serving in as trustee...They usually, after the petition to remove them has been filed, find a way and an excuse to resign as trustee. Once they do the problem is solved as a successor trustee will then take over the administration of the trust. .... Attorney-Trustee < State of New Jersey http://www.judiciary.state.nj.us/rules2004/rule1-20-19.pdf 1:20-19. Appointment of Attorney-Trustee to Protect Clients' Interest (a) Jurisdiction; Appointment. [Inventory of Files, Trust Assets and Other Duties.] If an attorney has been suspended or disbarred or transferred to disability-inactive status and has not complied with R. 1:20-20 (future activities of disciplined or disability-inactive attorneys), [or has been transferred to disability-inactive status,] or has abandoned the law practice, or cannot be located, or has died, and no partner, shareholder, executor, administrator or other responsible party capable of conducting the respondent's affairs as stated hereinafter is known to exist, the Assignment Judge, or designee, in the vicinage in which the attorney maintained a practice may, on proper proof of the fact and on the application of any interested party, appoint one or more members of the bar of the vicinage where the law practice is situate as attorney-trustee. [to inventory the active files of the attorney, to take control of the attorney's trust and business accounts and any trust assets, to take possession of the attorney's law practice and to take such action, including, if the attorney-trustee requests, marshalling assets of the law practice, as is necessary, first, to protect the interests of the attorney's clients; and then to protect the interests of the attorney. Notice of an order of appointment shall be given to the Director and the appropriate county bar association in the vicinage.] -------------------------------------------------- Note added at 12 hrs (2010-10-28 21:12:14 GMT) -------------------------------------------------- Personal Representative or Trustee - http://www.delougherylaw.com/Articles/Removing-a-Personal-Re... Removing a Personal Representative or Trustee A common probate problem occurs when a personal representative of an estate, or a trustee of a trust, is not performing his or her duties. The personal representative or trustee can be removed so long as there is a good reason .... A personal representative or trustee can be replaced for many reasons, so long as removing the person will benefit the estate or trust. The removal process begins by filing a petition with the probate court, followed by a hearing before a probate judge or commissioner. The process is much easier if the ineffective personal representative or trustee (Child 1 in the example above) elects not to contest the removal process. ... I have also frequently seen cases where the personal representative or trustee uses the deceased person's assets, such as bank accounts, as their own, keeping the money for their personal benefit rather than distributing the money to the beneficiaries. ----- - personal representative and trustee are distinguished on this site but at the same time they seem to move on to ignore the distinction. Personal Representative v. Trustee http://wills.about.com/b/2009/12/24/personal-representative-... This site distinguishes the two terms clearly according to who they are appointed by - the courts - for personal representative, or the individual for trustee. Both can be either persons or institutions, companies, etc. Looks like it all depends on the circumstances in question. -------------------------------------------------- Note added at 1 day13 hrs (2010-10-29 21:46:20 GMT) -------------------------------------------------- Black's Law Dictionary - Representative. .... "Representative" includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another. U.C.C. § 1-201(35). ...See also....Agent;...Legal Representative. ... Personal Representative. Person who manages affairs of another because of incapacity or death. Includes executor, administrator, successor, personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes special administrator. Uniform Probate Code, § 1-201(30). ... See Executor; Guardian; Legal Representative; Power of Attorney Legal Representative. The term in its broadest sense means one who stands in place of, and represents, the interests of, another. A person who oversees the legal affairs of another. Examples include the executor or administrator of an estate and a court appointed guardian of a minor or incompetent person. Term "legal representative," which is almost always held to be synonymous with term "personal representative," means, in accident cases, member of family entitled to benefits under wrongful death statute. Unsatisfied Claim and Judgment Fund v. Hamilton, 256 Md. 56, 259 A.2d 303, 306. Receiver. Person appointed by a court for the purpose of preserving property of a debtor pending an action against him, or applying the property in satisfaction of a creditor's claim ... An indifferent person between the parties to a cause, appointed by the court to receive and preserve the property or fund in litigation and receive its rents, issues, and profits, and apply or dispose of them at the direction of the court when it does not seem reasonable that either party should hold them. A fiduciary of the court, appointed as an incident to other proceedings wherein certain ultimate relief is prayed. He is a trustee or ministerial officer representing court, and all parties in litigation, and property or fund intrusted to him. .... This entry also references bankruptcy proceedings/bankruptcy trustee and cites from a case "... lead to appointment of receiver who is managing agent of property for benefit of parties." ... & cross-reference to Receivership; Trustee Fyrspråkig Juridisk Ordbok, International Law Dictionary, Ernst Lindberg, Bokförlaget Juridik & Samhälle, Borås1995 This dictionary gives this entry: God man, likvidator – receiver God man, rättsövertagare, innehavare - assignee Black's Law Dictionary - Assignee ... Assignee in law is one in whom the law vest the right; as an executor or administrator. Svensk-Engelsk Fackordbok, Ingvar E. Gullberg, above, gives the following: godman - (boutredingsman; förordnad i testamente) executor, (kvinnlig) executrix; (förordnad av domstol) administrator, (kvinnlig) administratrix, administratress; (konkursförvaltare) trustee [in bankruptcy], receiver; assignee [pl. vanl.] assigns, solicitor, attorney, empowered (authorized, legal) representative (agent), custodian, jfr. förtroendeman; ~ e man i konkurs (äv.) assigns in bankruptcy. ..... etc. |
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