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A caveat is:

a. an amendment to a will.
b. an action filed in probate court objecting to a will.
c. an action filed in probate court to dismiss an executor.
d. the document issued by the probate court giving the executor official capacity to act as personal representative for the decedent's estate.

1 Answer

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Final answer:

A caveat, in the context of estate law, is a notice filed to challenge a will or prevent probate without notifying the filer. However, the document that allows an executor to act on behalf of a decedent's estate is called 'letters of administration' or 'letters testamentary', not a caveat. Caveats are related to challenges in the probate process, while 'letters' are about executor authorization.

Step-by-step explanation:

A caveat commonly refers to a warning or proviso of specific stipulations, conditions, or limitations. In legal terms, particularly in the context of estate law, a caveat may also be understood as a formal notice filed in court to challenge the validity of a will or to prevent the grant of probate or letters of administration without the filer of the caveat being notified and given the opportunity to contest. However, the document that is issued by the probate court giving an executor the official capacity to act as a personal representative is not typically called a caveat, but rather 'letters of administration' or 'letters testamentary'.

In summary, while a trust is used to transfer assets privately and a will expresses a person's wishes for asset distribution, neither typically encompasses the concept of a caveat in probate proceedings. Dying intestate (without a will) leaves the distribution of assets to be determined by state laws. Should someone wish to block or challenge probate proceedings, they may file a caveat, but receiving the official capacity to act on behalf of a decedent's estate requires a separate process and documentation from the court.

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