About wills and executors
pammyfay
8 years ago
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Bank as co-executor -- pros and cons?
Comments (10)The legal terms are getting mixed here and this is not a good idea. A will has executors. A trust has trustees. Anyone, including an institution, can be named as either one. HOWEVER, an executor gets paid a set fee for settling an estate, as outlined by your state laws. Depending upon your state laws, a will may or may not be accepted as valid with only witness signatures and no notarization. State laws must be followed precisely when it comes to determining the validity of a will. A trustee gets paid for expenses only. If you have named a bank or a professional fiduciary (e.g., an attorney), they will get paid for their time at standard hourly rates determined by your county court. A non-fiduciary (ordinary citizen, whether related to you or not) will NOT BE PAID FOR THEIR TIME, only for their expenses, by the trust. In order for a trustee to be eligible for time reimbursement from the trust, the trustors (originators of the trust) MUST have included such permission in the trust document before notarization. As has been pointed out, an estate under a trust can be just as time-consuming and difficult to settle as an estate probated under a will. It is your personal responsibility to make it easier to any trustee or executor to find all the necessary legal documents that are needed, after your death(s). You should always identify secondary executors or trustees in the event the first person needs to resign for any reason (ill health, disinclination to spend time and trouble to act as the estate's fiduciary). The vast majority of middle-class folks do not need an RLT to disburse their estate, and if they do have an RLT (which we do, for example), they need a thorough explanation from the estate attorney as to possible pitfalls and disadvantages of an RLT vs a will. A will is made public through probate. A trust never passes through probate and is always confidential. If for any reason you think there is a risk the trustee might abuse their responsibilities - it is far from unknown, and more common than you would think, relatives or professional - then you should consider naming a co-trustee (whose signature will be needed for any legal actions by the trust), who will be able to immediately audit any suspicious activities by the other trustee....See MoreEstate Executor Information
Comments (5)If you're the executor, you'll get all the information you'll need when you file the will with the surrogate's office. I was executrix for my mother's estate. It's really very simple. You basically have to: get a tax ID # from SS, track down all the assets, put them in an estate account, pay off all debts, file the appropriate taxes, and divide the remaining assets among the heirs. When you make the distribution, you will provide the heirs with an accounting of all the money while it was in your care and you'll ask them to sign a legal document regarding the final distribution (basically stating that if any further debts surface, all heirs will give back money, in equal shares, to pay them). You can get the form from your lawyer. Then you'll notify SS that the tax ID number is no longer in use. The surrogate's office gave me all the info I really needed. I did run everything by my lawyer (I was seeing him about something else at the time), but it really wasn't necessary. The best place to start, if you have questions, would be your county store--they will have all the forms and info you need for your jurisdiction. Ours even arranged for the surrogate to come out and meet me there, so I didn't have to go into the city to file the will....See MoreExecutor Commission Amount?
Comments (21)Golddust- I understand the point you are making regarding my sister's responsibilities vs. mine. My sister did live in the same town as my mother and I live across country. This is always difficult. I had the burden of not being close and I lived with that guilt. I did a lot for my mother. I bought all of her clothes and sent them to her as I like fashion and it was something that I could do to help out. I worked in the medical profession for 20 plus years so I handled all of her medical affairs including insurance, prescriptions, etc. I also brought my mother to my home at least 4 times a year for a period of 2 wks. So I wasn't an absentee daughter. My sister lived in the same town as my parents all of her life and had five children. When the children were young she always had a built in babysitter and I am talking for weeks at a time when my sister and hubby would travel. So there were perks in the younger years of living close. Also, things just always magically disappeared from my mother's home and made their way into my sister's home after my mother went into assisted living. Even the diamond earrings and such that I gave to my mother as gifts from me magically disappeared. I have a picture of my mother in the diamond earrings that was taken the day before she passed and yet when I arrived home 2 days later, the diamonds were gone and nobody knows what happened to them. Hmmmm. I guess I am saying that she felt a sense of entitlement and I am now beginning to wonder when that sense of entitlement ends. I guess if I let this ride the entitlement will end now. There is nothing left. Thankfully I will never have to go through this again. Such a shame....See MoreBeing Executor of Will
Comments (9)First thing you need to do is sit down and take a deep breath. You CAN do this. It's not all that difficult. about 3 years ago, I was executrix for my mom's estate--thanks to her simple estate, and the fact that all we heirs were direct decendants, it was easy. Now, I'm in the process of settling my aunt's estate. It is far more complicated to handle the estate of an aunt--because of the situation, there are estate taxes to be paid, where there aren't on a parent's estate. A few things you need to do, roughly in the order they need to be done. First--notify everyone who has an interest in your aunt's death--pensions, banks, social security, have her mail forwarded to your address (you'll need to take your documentation to the post office in her home town, probably). File her will at the surrogate's office, of course. you need to establish the value of her estate on the DAY OF HER DEATH. Her bank(s) can give you a printout of that info. You may have to consult a real estate agent if she owns a home. If she has savings bonds, you can get that info from the US website. You need to include the value of her personal possessions. You need to open an estate account (you cannot access all her funds, because she was an aunt, but the bank should allow you to put about half her assets into an estate account, once you have your short certificate. Speak to your accountant (and attorney, if you have legal questions about handling the estate) to make sure you know exactly what has to be done as far as the taxes--you will probably have to file her regular income tax for the last year she lived, then eventually, you'll file the estate taxes (expect to pay 15% of the estate in taxes). Next--handle her financial obligations. Bills (household, medical, etc), funeral expenses (including headstone). You need to take your executor(trix) fee. Those expenses all reduce the taxable estate, so be sure to pay them BEFORE you start to figure the estate's taxes. I imagine, being so far away, you're going to have some additional challenges in handling everything--my aunt lived locally, so I can't really help you with those kinds of things. Just take your time, don't rush through anything. Check everything you do twice (at least) and be patient. You really don't want to hurry through the process, because there's always the chance some stray bills or assets might crop up at some time. Oh, and don't forget to check the state's unclaimed property list, just in case she has anything on it. I found something in my mom's name when I was handling her estate--just a few hundred $$$, but still, it was easy to claim, and worth the little work it took. I'm sorry for your loss. Have been there recently myself, and know how difficult it is to think clearly about all the things you need to handle at a time like this. As I said, a deep breath, a little patience and a dose of time are going to be a big help to you....See Moredebo_2006
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