Does the executor have to follow the Will?

Being appointed as an Executor comes with many responsibilities and duties, which can result in serious repercussions if they are not carried out correctly.

e.g. If the executor uses any money from the estate for a personal expense, that qualifies as a serious case of executor misconduct. Keep in mind that the distribution should be made to the beneficiary directly.

Account to the beneficiaries. That the executor has published a 30 day notice of his/her intent to distribute the estate; and That the time specified in the notice has expired. An executor is a person responsible for the administration of the estate of someone who has died. Once probate or administration has been granted (or if it was not needed), and a notice of intended distribution has been published, the executor or administrator (or next of kin) can distribute the estate after paying the deceased's debts. Disputes With The Executor Of A Will. Only then will she be able to distribute the inheritances and close the estate. Feelings of helplessness and lack of control can lead to anger and even ruin relationships.

Yes, of course. The letter will say that you should treat their enquiries as a potential claim against the estate and they will recommend that you do not distribute the estate. As part of their duties an executor has to value the assets and debts of the deceased’s estate, pay any taxes and distribute the contents of the estate to the beneficiaries. When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it’s easy for beneficiaries to get frustrated. This allows creditors 2 months from the date of publication to register a claim against the estate, after which the executor can distribute the estate and only have to take into regard the creditors that come forward before the expiry date. Filing a Will that Does Not Require Probate. Distribute assets. A beneficiary has several ways to take action against a thieving executor. Personal Effects. An executor's many responsibilities require him to have access to the estate's funds, which sometimes can prove too much of a temptation for someone inclined to dishonesty. In ordering the executor to make a distribution, the court relied on the law of assent. The power to retain the estate assets does not override this duty to settle the estate’s affairs. E xecutor misconduct is serious. Executor Not Paying Beneficiaries & Misconduct. If all the assets were placed in a trust, there would be no obvious reason to open probate.

What can an executor of an estate be held liable for? Call 212-495-8133 to schedule a consult. Estate is simply a word that means the assets and debts of the deceased.

The probate process is not completed until the estate has been distributed.

If, after the distribution of desired personal property, beneficiaries have money yet to receive from the estate, it should be distributed at this time by the executor. Brooklyn elder law litigation attorneys at Korsinsky & Klein, assist clients through complex probate procedures. But acting as the executor of someone’s estate involves a lot more than following the Will.

In many cases, the executor may not file the will.

The executor is the person appointed in a deceased person's will to manage her estate and distribute assets to the will's beneficiaries. In order to do this, the executor may have to apply for a Grant of Probate, so that they have the authority to manage the estate and get access to the deceased’s bank accounts and property. Dealing with an estate can be quite a complex process, which is why it is always wise to have one executor who is appointed in a professional capacity, such as a solicitor or accountant. Executors sometimes think it is fine to ignore bequests they disagree with and distribute on what they believe the deceased would have wanted. The main duty of an Executor is to administer the estate and distribute the deceased’s assets as per the deceased’s Will. Responsibilities include but not limited to: !8217;s assets and liabilities.

Call 212-495-8133 to schedule a consult.