Although an estate plan can include numerous documents and tools, your Last Will and Testament is the foundation, or starting point. A properly drafted and executed Will can make or break your entire estate plan – as can the choice of executor. Unfortunately, people often overlook how important the role of executor is in the overall success of an estate plan. To make sure that you do not make that mistake, consider what your executor will be required to do:
- Locate your Will and all other estate planning documents
- Review those documents and understand them (usually with the assistance of an estate planning attorney)
- Locate and inventory every single asset owned by you at the time of your death
- Determine a date of death value for each of those assets (often done with the help of professional appraisers)
- Preparing and filing the necessary documents to begin the probate process with the appropriate court
- Locating beneficiaries
- Notifying creditors of the estate that the probate process is underway
- Reviewing all claims made against the estate
- Approving or denying those claims and paying them out of estate assets if approved
- Defending any challenges to the Will or other estate planning documents
- Defending any claims made against the estate that are not approved
- Keeping informed of all probate business
- Preparing and filing the required estate and gift taxes as well as personal taxes of the decedent if necessary
- Preparing and executing the legal formalities required to transfer estate assets to the designated beneficiaries or heirs at the end of the probate process
This is only a short list of the responsibilities that go along with being the executor of your estate. Now that you understand what your executor actually does, be sure to take the time to choose the right person for the job.
I am an owner of Amen, Gantner & Capriano, Your Estate Matters, L.L.C. I have been able to bring my business and legal education and experience into a firm that has for many years provided comprehensive estate plans that meet clients’ needs and expectations.My passion has been creating and constantly pushing AGC’s mission of “Helping Families Secure their Legacies by Embracing them into the Law Firm Family through Long-term, Personal Advisory Relationships.”
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