If you have been named executor of a will, you need to ensure that you can do this important job properly. Being the executor of an estate is more than just a ceremonial position. You have very real responsibilities and there could be very serious consequences if you end up failing to live up to any of those responsibilities.
Mark S. Eghrari & Associates PLLC can assist you in determining if you want to be executor of a will if a deceased person has named you as the executor. If you decide that you do want to take on this obligation, our legal team can help you throughout the probate process to do the tasks required of you and to live up to your legal obligations. Give us a call as soon as someone has died and named you executor so we can begin assisting you with making sure the wishes of the deceased are respected.
What if You Don’t Do Your Job as Executor of a Will?
If a deceased person names you executor of an estate, you have to file appropriate paperwork with the court to start the probate process. The court should appoint you as executor based on the instructions in the last will and testament, if you are willing. If you don’t want to be the executor of an estate, you do not have to be. You can decline and the court will appoint an estate administrator to take on the role of executor.
If you do decide to serve as executor of an estate, you have a fiduciary duty. If you breach this duty, such as by acting in your own self interest, you could find yourself facing a lawsuit for the breach and could be made to repay heirs or beneficiaries for damages that you caused through your breach.
Not every mistake made by an executor of an estate is necessarily going to be considered a breach of fiduciary duty and result in legal action against you; however, you do need to be aware that this is a possibility.
You could also find yourself removed as executor in some cases where you make a mistake that the court or heirs or beneficiaries believe signifies that you cannot properly fulfill your role. If you are removed as the executor, someone else should be appointed to finish winding up the affairs of the estate during the probate process.
How can Attorney Can Help You To Fulfill You Role as Executor of a Will
Mark S. Eghrari & Associates PLLC will assist you in understanding what the law requires of the executor of a will so you can determine if you want to accept this role or decline when someone has named you as executor.
If you decide that you want to respect the wishes of the deceased, our legal team will help you throughout the entire process of serving as executor. We will assist you in providing required notice, in defending the will from a will contest, in taking care of tax issues, in making an accounting of estate assets, and in managing estate assets.
Our legal team will also help you to submit all required papers to the court throughout the probate process and can help you to fulfill your fiduciary duty at all steps throughout the process of probating a will. Finally, we can assist with the logistics of formally transferring all estate assets to new owners so this process can be done correctly and completed in a timely manner.
Getting Help from A Long Island Probate Lawyer
The probate process is a complicated process for all parties involved, but the executor of a will is the person with the most responsibility to carry out the instructions in the last will and testament and to make certain that property is protected and transferred in an appropriate way to new owners.
When you work with Mark S. Eghrari & Associates PLLC, we make this process easy by ensuring that you take all the right steps during probate and by assisting you in taking as many of those steps as possible. We know the ins and outs of the probate process in New York and we will handle the details and provide the advice you need to do the job of executor right.
Join us for a free seminar to find out more about the probate process in New York and give us a call at (631) 265-0599 or contact us online to get personalized advice on how to fulfill your role as executor of an estate.
Latest posts by Mark S. Eghrari, Estate Planning Attorney (see all)
- Is Long-Term Care Insurance a Good Option to Pay for Nursing Home Care? - June 22, 2017
- Why Asset Protection is Important to Business Owners - June 20, 2017
- Where Can Caregivers of Elderly Seniors Get Support? - June 15, 2017