You Were Named the Executor or Administrator of an Estate – What To Expect

When someone is designated as a personal representative for an estate, their mind is often inundated with questions and concerns about what they are legally obligated to do. In many instances, personal representatives are named an Executor/Executrix or an Administrator/Administratrix. Similarities and Differences between an Administrator and an Executor You may be wondering, "What is different from being named an Administrator versus an Executor?" Well, an Administrator is the individual appointed by a court to oversee an estate when someone passes away without a Last Will and Testament. In contrast, an Executor is the individual named by a decedent in their estate plan to oversee the administration of their estate, including the distribution of assets and management of any outstanding liabilities. Despite these differences, there are a number of similarities between Executors and Administrators. For example, both Executors and Administrators are subject to the jurisdiction of a probate court. Both Executors and Administrators...

Continue reading

Naming a “Techexecutor” to Manage Your Online Accounts

People who have a Facebook account today could very well have a Facebook account up to the day they die. Facebook has become so engrained in our societal fabric that your online profile is akin to a part of your overall identity. So what happens when you die? Who manages, or takes down, your online identity? Well, Facebook has now given you the power to determine who makes that decision. Let’s call them you “Techexecutor.” Facebook will begin allowing its members to designate what they call a “legacy contact” to manage parts of your Facebook account posthumously, according to the Wall Street Journal. Though, you can also choose to have your profile deleted entirely. Making such a decision now may seem somewhat morbid and depressing, but it gives you the ability to address an important estate issue that routinely causes friction and potential emotional trauma. In fact, prior to instituting...

Continue reading

3 Common Mistakes Executors Make and How to Avoid Them

Many people are suddenly thrust into the position of being the executor of a loved one’s estate, and have no idea what to do or how to best proceed. It can be overwhelming. I want to share with you some common mistakes that I’ve encountered with executors in the hopes that you can learn what not to do. Please note, the concerns below are for people that have not done proper trust based planning. Properly drafted and maintained trust based planning (which we recommend for all of our clients) avoids many of the pitfalls below by allowing your trustees to stay out of the courts and public altogether during the administration of an estate. Mistake #1 – Distributing Too Early [caption width="300" align="alignright"] Courtesy of covenanttrust.com[/caption]Inexperienced executors are prone to make distributions too early and without protecting themselves from liability when that distribution is initiated. When you are an...

Continue reading