A very important part of an individual’s life is creating an estate plan in order to prepare for what happens to their assets after they pass away. In creating this plan, the individual may assign an executor to take care of these plans. An executor is required to handle the administrative duties of an estate in order to ensure it is handled the way it was intended to be by its creator. This job comes with many responsibilities. It is very important, as they are being trusted to carry out a loved one’s final wishes after their death. When the creator of the will passes away, the executor may begin to handle their administrative responsibilities.
What Does an Executor do?
An executor is responsible for taking care of the plans of an estate when the creator’s life is over. They must ensure it is handled correctly. Like any other job, being an executor comes with a list of duties that must be completed.
The first thing an executor must do is bring the will in the estate plan to Surrogate Court so that probate may begin and the will can be approved. After this is completed, they must handle any finances, such as outstanding debts or taxes that still must be paid. In order to do this, the executor may need the assistance of an attorney or an accountant to make sure the payments are made correctly. One of the most important parts of administering an estate is actually distributing the assets of the estate to the rightful beneficiaries. If the will is contested by anyone, the executor is responsible for resolving this issue.
An executor to be removed from their position if they do not do their job properly. This may happen if an executor is negligent in handling the estate or if they do not act in the best interest the person who created it. If this occurs, a motion can be filed to have the individual removed from the position as executor. A judge will approve or deny the motion and possibly assign a new executor to finish the remaining responsibilities.
Choosing an Executor
When a person creates an estate plan, it is important to think about who they will want to carry out the necessary tasks. This is an extremely important decision that should not be taken lightly. The position should belong to a trusted individual who you would be comfortable with taking care of your last wishes. It should be a person who is capable of handling a very long and overwhelming process.
Contact our Firm
If you are looking to create an estate plan and wish to appoint an executor to your will, contact the Law Offices of Cynthia L. Hanley, P.C. today.
If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.