The duties of the executor of an estate are well known by industry
professionals, but not always well known by the laypersons who are appointed as
executors. This leads to those executors making common mistakes that would be
easily avoidable had they sought professional advice.
It is common for people to name a close relative or friend
to be their estate's executor. Most people do it without thinking about it too
much; it is just the way things are done.
However, when that friend or relative performs his or her
duties avoidable mistakes are often made because they are not familiar with the
process and do not seek professional advice.
The National Law
Review discussed some of these mistakes in "Common Pitfalls Made by Executors of Estates,"
including:
·
Many executors fail to get proper certification
from the court before beginning their duties. A court must grant approval of
the executor's assignment before the executor has legal authority to act.
·
Executors often fail to notify all potential
heirs to an estate and instead only notify those people mentioned in the will.
This can lead to claims against the estate.
·
Executors should open a bank account for the
estate instead of using their own personal accounts.
·
Executors often do not resist the temptation to
distribute estate assets before claims against the estate are paid. This is
especially troubling if assets are distributed before taxes are paid and can
lead to personal liability for the executors.
·
Executors are required to keep detailed and
accurate records about how they handle estate assets. Many do not do so.
Bottom line: Consult with an experienced estate planning attorney in Orange County
to help you select an appropriate fiduciary and get his or her permission
before making it official. For more information, visit our website at www.OCElderLaw.com, or call us at
714-525-4600 to schedule an appointment.
Reference: National Law Review (May 13, 2016) "Common Pitfalls Made by Executors of Estates"
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