Do Executors in Probate Have To Follow A Will?

We consulted a Wildomar Probate Attorney to answer this question.  Our Friend Steve Bliss which is a great estate attorney had this to say:

A last will and testimony represent the ultimate dreams of a departed individual, and laws are in place to make sure that the directions set out in the will are indeed carried out. While these laws differ by state, you will discover that every state manages how a will is administered and who is responsible for it.

Administrator Overview
A Wildomar Probate Attorney answers the question, if you need to follow the willAfter someone dies, an administrator is selected to administer the estate. In some states, this role might be referred to as a personal representative or an administrator. The deceased typically names the executor in the will, however, if not, the court can designate one. The administrator can be a relative, a trusted pal, or a bank or trust company. The administrator has lots of responsibilities, including gathering all of the deceased’s properties, paying lenders, submitting an income tax return and carrying out the deceased’s wishes under the terms of the will.

Fiduciary Duties
The executor needs to act in the very best interests of the beneficiaries when carrying out the regards to the will. He might not put his interests above those of the estate and need to prevent any activity that could be construed as fraud. It might be thought about a breach of the administrator’s fiduciary duty if he does not correctly reveal the possessions of the estate or if he fails to carry out the regards to the will. To prevent potential legal liability, the administrator should keep the beneficiaries informed and preserve records of all transactions. Numerous executors also consider employing an attorney to assist with the process.

 

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Wildomar Estate Planning Law
36330 Hidden Springs Rd Suite E, Wildomar, CA 92595
Phone: +1 (951) 412-2800

 

Removal of Executor
If the executor stops working to carry out the terms of the will, a beneficiary might petition the court to have the executor removed. The court may get rid of the executor and designate a brand new one if there is proof that the executor took from the estate or purposefully hid possessions, refused to follow the terms of the will, or failed to preserve records revealing that he dispersed residential or commercial property as offered in the will.

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Individual Liability
Sometimes, an administrator might be personally responsible for not adequately carrying out his responsibilities. For instance, if the executor stops working to pay estate taxes, he can be liable for any resulting interest or penalties owed.

Issues when in Probate and The Beneficiary:

A beneficiary can bring a suit versus the administrator if he offers, steals or otherwise mismanages estate home. If you have a claim against an administrator or you are concerned that you have not adequately carried out your responsibilities administering an estate, it is best to consult an estate attorney.

Perris Probate Attorney

Splitting Your Personal assedts

Unlike cash money or real estate that can be separated nicely into shares, substantial personal property, consisting of jewelry, furnishings as well as family members heirlooms, can present a difficulty when developing a Will. You could want to leave specific products to a certain individual, which you can do with a certain legacy in your Will.

You can also place your Administrator account of dividing your substantial home as part of your residuary estate. If you leave substantial property to several children or recipients, your Will could specify such persons shall split things among themselves as they choose– and also if there is an argument, your Administrator will make a decision. Any kind of substantial residential or commercial property in your estate could also have to be evaluated for probate and also estate tax purposes.

A proficient estate preparation, legal representative can advise you on how you can finest prepare for the circulation of your concrete residential property according to your overall desires.