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When a person plans their estate, they have set up a blueprint for how their assets should pass to the beneficiaries of their choosing. Though difficult to discuss, estate planning is an important step that every person, no matter their means, should take. Because you have declared your wishes for what will happen to your estate after you pass, those who you’ve chosen to carry out your wishes have a great responsibility. Luckily, a person with an estate plan has left their family and other beneficiaries with clear instructions and a person to handle the matter. An executor is a person chosen to carry out those wishes. On the road ahead, they will need quality legal support. For over 30 years, Susan A. Kassel, Esq. has been a legal resource for executors who have an obligation to abide by the wishes of an estate. When choosing an executor, it may be in a testator’s best interest to consult with an estate administration attorney who can immediately support them when the time comes. If you need quality legal support for those who are chosen to carry out your wishes, contact The Law Offices of Susan A. Kassel, P.C. for a consultation.
Offering a will for probate at the county’s Surrogate’s Court is the first step of the estate administration process. When a will is accepted, it is called a testate estate. Probate will establish the chosen executor and they must present the will on the estate’s behalf. The court will then issue the authority for the executor to carry out the estate’s wishes through Letters Testamentary.
An executor is tasked with collecting assets, determining value, and paying any debts or liabilities that remain outstanding. Letters Testamentary gives the executor the authority to act in the best interests of the estate and the beneficiaries. If an estate has overdue taxes, the executor will be responsible for that. If the estate needs to file tax returns, the executor will do it.
Once an executor provides a copy of the will and makes distributions according to its directions, it may be time to close the estate, barring any legal issues. Before any distributions are made, a Release and Refunding Bond should be signed by the beneficiaries. This protects the executor if debts or taxes arise after the estate closes.
An executor’s responsibility is complex. With so much at stake, it is important to pick the right attorney who can guide an executor through his or her obligations. If you are planning your estate, retain the services of an effective attorney to support your executor through the process. If you are an executor and you need an attorney, contact our firm to discuss your obligation and how we can help. Contact The Law Offices of Susan A. Kassel, P.C. for a consultation to discuss your estate matter.
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