2007-05-12 00:16:38 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First of all, hire the attorney who was the scrivener of the will to assist you.
The administration of the estate will involve marshalling all assets, paying all outstanding debts, filing final income tax returns, filing an estate inventory with the court with copies to be sent to family members who are heirs, filing inheritance and estate tax returns, and the like.
This is a serious job, and you may encounter resistance from family members. Often family members enter the dwelling of a decedent and remove assets before the beginning of an estate administration. This can cause problems because one child may say that another person got more than he or she did. Then the attorney for the estate may have to require everybody to bring back the items they removed so that they can be properly appraised.
Experienced probate lawyers handle situations like this all the time. They are knowledgeable and experienced. If you have problems with the family, the lawyer is the leader of your team.
You may find that family members fight each other over trivial matters. That is normal. It happens in all families. A certain level of objectivity is required.
REMEMBER: the decedent had confidence in you and chose you over a family member. The decedent knew you would be a competent person to handle these matters. Don't let him down.
2007-05-12 03:54:11 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Good luck with this. We (my husband and I) are the executors of a will left by his grandfather. The family has been in court for four years about this. The only thing you can do is listen closely to the attorneys and follow their advice. That way when the family gets upset (and they will - they always do) you have the attorneys to fall back on. "This is what the attorneys said I HAVE to do so I'm just following their advice." Know too that you don't HAVE to be the executor. Ask the attorneys what would happen if you gave up that right. I believe you are allowed to refuse the job. Good luck. It's a terrible job. I wouldn't wish it on ANYONE!
2007-05-12 03:06:56 · answer #2 · answered by Twinklfsh 1 · 0⤊ 0⤋
Do you know who drew up the will? Get in touch with the lawyer (hopefully) who did it, and find out what must be done on your part. They will be able to inform and guide you much better than anyone here can, especially if the family is unpleasant. I'm sorry you are having to go through this difficulty with the family at a time like this, they should know better, but grief doesn't always bring out the best in people.
2007-05-12 00:23:16 · answer #3 · answered by Laurie K 5 · 0⤊ 0⤋
Your job is to see that all assets of the deceased in rgard to the terms of the will are found and accounted for then your job becomes the person who distributes according to the will the assets of the deceased. I think you have a claim against the will of at least %2 ~~
2007-05-12 00:28:49 · answer #4 · answered by burning brightly 7 · 1⤊ 0⤋
Speak to solicitor he will tell you what you need to do.
2007-05-12 00:22:56 · answer #5 · answered by holly 7 · 0⤊ 0⤋