The executor of an estate either takes that role on because a deceased person named them specifically to serve in this way or because the probate courts empowered them. In either situation, an executor has an obligation to the estate and the people who would benefit...
Probate Litigation
Why would an heir remove items from the deceased’s home?
One problem that sometimes comes up with probate and estate distribution is that some of the items mentioned in the will are missing. This could be because they have been removed from the home before the assets were distributed, but after the parents passed away. For...
What should you do when a will goes to probate?
If your loved one died and left a will in which you are named, a legal process may follow. The probate process can be complex, but you can understand it with guidance, avoiding costly mistakes. Once the appointed executor files the will with the probate court, you...
When can you take legal action against an executor?
The named executor of a will is responsible for carrying out the wishes of the deceased and managing their estate. However, there may be instances where the executor doesn’t fulfill their duties properly, leading the beneficiaries to consider taking legal action. ...
Has the executor let their personal biases affect their choices?
The executor or personal representative of an estate should remain neutral in their attempts to fulfill someone's obligations and uphold their final wishes. Estate administration requires that the executor locate the estate plan or will and submit those testamentary...
What is inheritance theft?
Your elderly relative has always been caring and compassionate. They’ve provided help for you and other family members whenever it has been needed, and they intend to do the same when they pass. An estate plan allows your loved one to do exactly this, through a will,...
What if there is no will when someone dies?
Ideally, after someone dies, the family will access the will, and the executor will carry out the wishes the deceased laid out in it. Yet, sometimes no will is forthcoming. What then? Make sure you have looked everywhere If you believe your loved one made a will, then...
What if a will contradicts a beneficiary designation?
There are several ways that people can legally specify to whom they wish to leave particular assets. While a will is the best known and most commonly used of these options, it is not necessarily the strongest. One situation where problems can occur is when a person...
What to do if an executor fails to fulfill their role
It may be calming to know that the deceased has put their estate in the hands of a worthy executor. This executor is presumably chosen because they are trusted and respected by the deceased. The role of an executor helps ensure the deceased’s estates are protected and...
It’s possible to resolve disputes over a will outside of court
When others in your family have a complaint about your loved one’s will or general estate plan after their death, it puts you in a difficult position as the executor. You need to do what you can to distribute the state according to your loved one’s wishes, but you can...