When selecting the executor of a will, there are certain things you want to look out for. Most people who create a will are not certain exactly who to select as an executor. While it is common to just default to selecting a close family member, this is not actually the best approach in every circumstance. You need to make informed choices about who is going to serve as executor of an estate because the executor has a tremendous amount of responsibility which he or she must carry out.
Mark S. Eghrari & Associates PLLC can provide you with assistance in creating a legally valid last will and testament. Our legal team understands New York rules for making a will, and we provide the assistance that clients need when making decisions that matter. Among the many things our legal team will do for you is to help you understand the role of executor of a will so you can choose the right person to do the job. Our firm also provides representation to executors to help them fulfill their obligations during the probate process. Give us a call today to find out more.
How to Choose the Executor of a Will
Selecting the executor of a will involves understanding exactly what it is that the executor of an estate actually does. An executor is not just a figurehead position. Executors of estates have tremendous responsibilities during the probate process, and many of the tasks that an executor of a will must do are complicated tasks.
For example, an executor is going to need to actually go to court in order to get the probate process started and in order to move the will through the probate process and settle the affairs of the estate. An executor of an estate is going to need to understand rules for providing notice to creditors and to heirs or beneficiaries in order to alert them to the fact the will is being probated. Executors might have to secure experts to conduct appraisals, and will need to take care of tax issues that are raised by the death.
Executors also have to manage estate property until it is formally transferred to the new owners. It can take months for a will to be fully probated and an asset transfer to be completed, and the executor of an estate has to take care of everything with the estate during this period of time. This means when you are creating a will and naming an executor, you have to select someone who understands how to handle your assets and business interests.
It is true an executor of an estate should have a lawyer to provide guidance and assistance throughout the probate process. This makes serving as executor of an estate easier. However, there is still a lot of responsibility placed on the executor, and you need to select someone who is up to the task when you make your estate plan.
How an Estate Planning Lawyer Can Help You Select the Executor of a Will
An estate planning lawyer provides you with the information you need on the duties of an executor of an estate so you can choose from among your friends and family to select the person most capable of fulfilling these tasks. Our legal team also explains New York laws on creating a will and provides the insight and information you need to make a plan for your assets and for your family after you are gone.
Our legal team also provides representation to executors. Those who have been chosen as executor of a will have a fiduciary duty to fulfill certain responsibilities appropriately during the probate process. We help you to make certain you can fulfill this role so you can honor the wishes of the deceased and avoid a potential lawsuit against you.
Getting Help from A Suffolk County Estate Planning Lawyer
Choosing the executor of a will is just one of many important tasks you need to do when making your estate plan. Our legal team understands the ins-and-outs of the estate planning process in New York and we make it easy for you to create a comprehensive plan that protects your future and your family.
To find out more about how a will fits into your broader estate plan, download our estate planning checklist. You can also give us a call at (631) 265-0599 or contact us online to speak with an experienced attorney to get personalized advice about your situation. Call today to find out more.