what if the executor is a lawyer

Full Answer

Does the executor of an estate need a lawyer?

While an executor is not required to have a lawyer assist with estate administration, retaining an experienced probate attorney ensures meeting all the legal requirements and making certain that the executor fulfills the fiduciary duties imposed by state law.

Can your attorney threaten to quit your?

You have the right to fire your attorney in the middle of your case, but the attorney can't simply quit without a good reason. When an attorney withdraws in the middle of a client's case, that withdrawal is usually categorized as either "mandatory" or "voluntary."

Can my attorney be the executor of my will?

Every state has some rules about who may serve as the executor of an estate that goes through probate. Below, you'll find the requirements for your state. Get the answers you need on naming someone as your executor or ifsomeone's will names you as the executor of their estate.

Can you trust your lawyer?

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What does an executor do?

An executor may have to sell estate property to pay debts. A central role of an executor is to distribute the deceased person’s property. The executor must wait until probate is complete to distribute most of the property that is probated. However, property that passes outside of probate can be distributed by the executor more quickly.

What does the executor of an estate do?

During the course of probate—or estate administration, if no probate is required—the executor must maintain the estate by protecting its property. Some property such as cars and homes may require periodic maintenance, and valuable items such as artwork and jewelry may require safekeeping.

What does an executor do during probate?

During the course of probate—or estate administration, if no probate is required—the executor must maintain the estate by protecting its property. Some property such as cars and homes may require periodic maintenance, and valuable items such as artwork and jewelry may require safekeeping. The executor also makes payments for mortgages, loans, insurance, utilities, or any other bills that come due. During this time the executor also wraps up smaller details of the estate, like cancelling subscriptions, closing unneeded accounts, and notifying businesses and colleagues of the person’s death.

What is the role of executor in a deceased person's estate?

The flip side of this role is to pay the deceased person’s creditors. To make sure there is enough money to cover the estate’s obligations, bills and debts are usually paid before beneficiaries get their property. If there is not enough money for both, the executor may have to sell estate property to pay the debts.

How does an executor work?

An executor works with the court or a lawyer to figure out how much—if any—of the estate must go through probate. If probate is needed, the executor shepherds the estate through the probate process, which can take many months. Some states allow an executor to work directly with the court, but others require the executor to work with a lawyer.

How to determine if an estate is probated?

To determine whether the estate must go through probate, the executor (possibly working with an attorney) must take inventory of the entire estate, estimating its total value. This can take some time when the estate includes rare items, such as a valuable stamp collection, that requires valuation by an expert. In some situations, the executor will need to hire professional appraisers.

Who is responsible for wrapping up your estate?

When you draft a will, you appoint a trusted person to serve as your executor. When you die, that person will be responsible for wrapping up your estate. Your executor will follow the terms of your will and works with lawyers and the local court (if necessary) to probate your estate and distribute your property.

What are the duties of an executor in probate?

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.

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.

What happens when you make a last will and testament in California?

As you likely already know, when you make a Last Will and Testament in California, in addition to naming the heirs who you want to receive your property upon your death, you also appoint an executor to carry out your wishes when the time comes.

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 .

Jonathan Craig Reed

First, the attorney does not represent the beneficiaries. Sometimes, this is okay because the intersts of the beneficiaries are the same. Here, your interests are not the same. You should consult with your own lawyer.

Sharon M. Siegel

Ms. Reed offers a good answer. The attorney represents the executor and will be acting to protect the executor's interests (to keep beneficiaries from suing, etc.). If beneficiaries have questions or need advice it is advisable to have a separate attorney...

Steven M Zelinger

The attorney represents the estate and the executor. He has a fiduciary duty to act in the best interest of the estate, but does not represent the beneficiaries. Given the number of questions you have about estate administration and disposition of the co-op, you would be well-served by a consultation with your own probate attorney.

What are the potential conflicts with the executor?

In addition to potential conflicts over Executor compensation and/or attorney fees, other conflicts may arise from the designation of the attorney as the Executor, including potential conflicts with other family members who may also be clients of the attorney. It is recommended that the attorney send you a written confirmation ...

Can an attorney be a witness to a will?

In order to avoid the appearance of impropriety, the attorney may elect not to be a witness to the Will. In some cases, another attorney may be asked to handle the execution of the Will, or another notary public may be asked to acknowledge your signature.

Can an executor be a co-executor?

Whether or not the attorney is designated as the Executor or as a Co-Executor, another attorney may be retained to represent the Estate. Most clients anticipate that the designated attorney will serve as both the Executor and counsel to the Estate, unless another attorney is needed for any reason, such as counsel to handle ...

Does New Hampshire have a standard commission for executors?

Although professional fiduciaries generally publish a fee schedule for their services, New Hampshire does not have a standard commission for Executors. You should ask how your attorney will charge for services as the Executor. Under New Hampshire law, Executor compensation is subject to Court approval. If an Estate is closed informally ...

Is executor compensation subject to court approval?

Under New Hampshire law, Executor compensation is subject to Court approval. If an Estate is closed informally through a motion for summary administration, however, these fees will be subject only to the approval of the beneficiaries of the Estate.

Can an attorney be an executor?

Stricter disclosure rules will apply if an attorney solicits a designation as the Executor of your Estate. Attorneys cannot ethically include themselves as an Executor or successor Executor without your informed consent. Similarly, an attorney cannot require you to designate him or her as the Executor. Of course, you may always execute ...

Is it a good idea to ask the same attorney to draft a will?

Because of conflict of interest scenarios that could arise,asking the same attorney to draft your will and serve as your executor is not a good idea.Similarly,asking your attorney to draft a trust agreement and serve as your trustee is not a good idea.

Can an attorney be an executor of a trust?

However,you can ask another attorney to serve as your executor or trustee. Attorneys are often great candidates for serving as fiduciaries of your estate planning documents and they can administer your trust property or dispose of your assets under your will according to your wishes.In each state, a legal ethical board will establish ethical rules ...

What is the job of executor of a will?

Simply put, an executor of a will is someone who manages the deceased person's estate, according to Sam Safi of Safi Law Group. When a person dies, most of their assets and liabilities get transferred to their estate, and then the executor's job is to "settle all outstanding issues of the estate (including paying off creditors) ...

Who tells the executor of a will?

Additionally, a lawyer will tell the executor of a will if the will has to go into probate, meaning, a judge has to find the will is valid and that the person named executor is qualified to serve.

How to protect the wishes of a deceased person?

How to Protect the Deceased Person's Wishes. As the executor of a will, it is your responsibility to ensure that the deceased person's wishes are being upheld and you're taking your executor of a will checklist seriously. "When someone dies, often, family and friends feel that they can go into their house to collect items ...

Who is responsible for carrying out a deceased loved one's wishes?

The executor of a will is responsible for carrying out a deceased loved one's wishes. If someone named you the executor, you'll need to learn more about what your role will be, which includes ensuring their assets are distributed to the beneficiaries.

Does the executor of a will get paid?

According to Safi, the executor of a will does usually get paid, since it involves a lot of hard work and stress . They will be entitled to reasonable compensation for any out-of-pocket expenses and lawyers' fees incurred, and the estate will pay them out before the beneficiaries receive their shares.

Can a family member become executor of an estate without a will?

However, Safi pointed out, if someone passes away without a will, then one of their close family members can apply to the court to become the executor of the estate before legally administering it.