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Basic responsibilities of an executor


Originally posted on 01/11/2017

An executor goes through the will with one of the beneficiaries.The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s estate. Depending on your circumstances, it may be difficult to understand (or perform) what is expected of an executor.

As such, this post will detail some of the basic duties and expectations of an executor.

Determining if Probate Court is Necessary

Depending on the type of estate and the assets in it, this decision may already be made. After all, small estates may be “probated” administratively; meaning that a few forms will need to be completed as opposed to going through an exhaustive court process to determine who is legally entitled to assets. If the estate in question is larger or you are unsure of its status, make sure to check with your local government to see if any documents have been filed. An experienced attorney can help you check the status of legal documents.

Locating People Who Were Named in the Will

It may be that people named in the will may not know that they stand to inherit property. These people may not have been in contact with the deceased for quite some time. The executor may be tasked with locating them. The executor can take this search on personally or hire process servers to locate the people listed in the will to deliver their legal documents.

Finding Assets to be Distributed

Even when a person dies with a will, all of their assets may not be obviously known. An executor may also need to do some investigating to find and recover such assets. Organizing these assets may be the most time-consuming part of the executor's responsibilities.

Maintaining Property Before its Distribution

Once the executor finds and organizes the assets of the deceased, their job isn't over. Prior to distribution, the executor must also ensure that property included in the estate is not damaged or disposed of. The executor will need to procure a holding location to keep all the assets safe.

Partner with Aldrich Legal Services to Ensure Your Wishes are Respected

Indeed, these tasks may seem daunting. The steps above should help you understand just how complex an executor's responsibilities are. Don't worry, an experienced estate administration attorney can help. The experienced attorneys at Aldrich Legal Services can help you set up your will and plan for who will cover your executor role. Call our team today.

FAMILY LAW 83: A trial court can terminate a parent’s rights and permit a stepparent to adopt a child.

A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.

PROBATE 53: The trust agreement included an Incontestability Provision.

A settlor’s intent is to be carried out as nearly as possible. Generally, in terrorem clauses are valid and enforceable. However, a provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

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However, the trial court concluded that these matters should, in fact, be in the province and the jurisdiction of the Family Division and in that respect, having issued a personal protection order, the Court stated it would terminate the personal protection order after the parties present documentation of the initiation of the divorce proceedings.

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FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

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