how to use lawyer as executor of estate

Talk with a lawyer. A lawyer will be able to assist you with determining what your rights may be in a particular estate. Your rights are not just limited to inheritance of assets at the conclusion of the estate, but they also include requiring the posting of a bond for the executor to ensure that they administer the estate properly.

Full Answer

Does the executor of an estate need a lawyer?

Feb 03, 2022 · With or without a will, a probate judge will always follow steps to determine who should act as the executor of estate. Here’s what that looks like: 1. Find out if there’s a will. Duh! Checking to see whether the person spelled out their wishes in a will before leaving this world is an obvious first step to appointing an executor of estate.

What are my responsibilities as the executor of an estate?

Oct 28, 2018 · Bear in mind that your executor will have many duties while taking your estate through probate, including the following: Gathering your estate assets together Inventorying and valuing those assets Managing and protecting the assets during probate Paying valid claims against your estate Defending your estate against invalid claims or will challenges

Should your attorney be your executor?

Second, designation of your attorney as the Executor should only be made after you have considered all available options. You should discuss whether or not your goals will be better served with the attorney as the Executor, in lieu of your family members, friends or professional fiduciaries, such as a bank or trust company.

How to perform the duties of executor of an estate?

Naming your Executor is easy when you use an online service like Trust & Will. Our one-stop Estate Planning services make it convenient, affordable and easy to create your Will and name your trusted Executor. Estate Planning may seem overwhelming, but it doesn’t have to be. We’ve done everything we can to ensure you’re creating a plan you can be confident in, right down to …

What is the importance of choosing an executor?

Remember that choosing your executor wisely is just as important as making your Last Will and Testament in the first place. The person you choose bears grave responsibilities that will impact your family and other heirs after you die. This is educational information and not intended to provide legal advice.

Can an attorney be an executor?

Attorney as executor. Per the American Bar Association, if you feel that none of your family members or friends possess the requisite financial skills to properly act as your executor, you may wish to designate your attorney instead .

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

How does the executor of an estate work?

Once all debts are settled and taxes are paid, the Executor can then begin to transfer assets to living beneficiaries. How big of a job this is depends on the size of the estate and how many beneficiaries are named in the Will or other Estate Planning documents.

How to choose an executor?

Ultimately, choosing your Executor is a very personal decision, but there are a few factors you want to consider. Think about the following when making your decision – you’re looking for someone who: 1 Is trustworthy 2 You’ve known for a while 3 You have a trusted relationship with 4 Isn’t significantly older than you 5 Is responsible 6 Has a good financial standing 7 Has a good work ethic 8 Is patient and thorough 9 Is organized 10 Is emotionally stable

Why is it important to have an executor?

Appointing a trustworthy Executor is important, not only for your peace of mind, but also to ensure your estate is administered exactly as you wish, per your directions. If you fail to appoint or name someone specifically, you’re essentially leaving the job up to the courts. If you die intestate (without a Will), ...

What is an executor?

An Executor is the person you appoint to administer your estate after you pass away. You are trusting him or her to carry out your detailed instructions about what you want to have happen with every asset you own. An Executor may also be referred to as a “Personal Representative.”.

Who is responsible for probate after death?

The Executor of your estate is responsible for taking your Will to probate court after you pass away. There, it will be validated, and at that time, the Executor can then move forward with administering your estate. It can be a huge weight off your shoulders when you know that someone you trust, who you selected, ...

Is it easy to be an executor?

Choosing the right person to be an Executor is not always easy. Many people struggle with finding someone they feel they can fully trust. There’s often a worry of hurt feelings or contentious relationships coming to surface after you pass away.

Can you name someone as executor?

Realistically, you can name almost anybody you trust to be your Executor. That said, he or she must be a legal adult over the age of 18, and generally shouldn’t be a convicted felon. It’s not uncommon to appoint a family member, spouse, close friend, accountant or lawyer to be your Executor.

What to do after becoming an executor?

After becoming an executor, the first thing to do is scout out the situation and all its many facets. Executors are not just in charge of seeing to it that a will is properly executed – they are in charge of managing the property of an estate. That means going by every single property, ensuring its value, keeping it safe and managing it impartially as the decedent would have. This includes monetary instruments and investment assets, such as bonds, stocks and more, as well as private property, vehicles, and art.

What is the job of executor of a will?

The executor of a will has an incredibly difficult and important job – to see to it that the contents of your will are respected, within the constraints of the law and their abilities as executor of your estate. When you pass away and become the decedent of your estate, whoever you chose as executor has to step up to the challenge ...

How long does probate take?

In other cases, however, the probate process can more than a year of a person’s time. In California, the average timespan is ...

Why is inventory important in a will?

Keeping inventory of everything the estate contains is crucial to properly managing and executing a will. In order to settle all of the decedent’s outstanding business and complete the inheritance process from the estate to its beneficiaries, every last part of the estate must be catalogued, valued, organized, and effectively stored somewhere safe.

Who is involved in probate?

The two figures most involved in dealing with the responsibilities of the probate process and the execution of the will are the estate’s executor and the estate’s attorney. Executing a will is a multi-step process, one that requires resourcefulness, meticulousness, and an eagerness to do the job right. When a person passes away, and their will goes ...

Is being an executor a job?

While the executor should typically be someone with the professionalism of a highly skilled attorney and the loyalty of a best friend, being an executor is a job and a difficult one at that – and it deserves a certain degree of compensation for being well-done.

What is probate in estate?

Probate is the process by which a special probate court investigates a person’s will and determines its legitimacy. The probate process also exists to facilitate a place for negotiation and communication between beneficiaries to prevent disputes or settle them. Debtors seeking a cut from the estate must also file a claim to be addressed in the probate process.

Basic Responsibilities of an Executor in California

It’s important to note that you are not required to serve as an Executor just because you’ve been nominated by the deceased. The probate court cannot compel you to serve if you are uninterested in doing so.

Potential Liability for Northridge Executors Who Avoid Responsibility

When acting in their capacity as the administrator of the estate, CA Executors are held to a strict fiduciary duty. In other words, Executors must act like a reasonably prudent person would in similar circumstances. They must also act impartially, and they must be honest and fair with regard to their dealings.

Contact an Experienced Los Angeles Probate Attorney for Assistance

Here at the Law Offices of Darrell C. Harriman in North Hills, California, our Los Angeles probate attorney has decades of experience assisting Executor clients with probate administration issues, as well as breach of fiduciary duty litigation. We understand that the responsibilities of being an Executor may have been foisted upon you unexpectedly.