If your loved one has passed away and you are the executor, the first thing to remember is that you have to make sure you pay out creditors and cover debts with the assets belonging to the estate before you dole out those assets to the beneficiaries. While you may...
Estate Administration
Why do siblings so commonly fight over inheritance?
The loss of a parent means that children go through a wide range of emotions. They will likely experience denial and disbelief, anger, blame, depression and guilt. These unsettling emotions can manifest themselves in different ways, meaning that in many circumstances,...
Breach of fiduciary responsibility must be handled properly
One of the duties that a person has when they're setting up their estate plan is naming a person to handle the estate after their death. The administrator of the estate has various things to do, including making sure that the bills for the estate are paid and that the...
What happens to my loved ones’ assets when they die?
The days after a loved one's death are traumatic and can bring out a lot of emotions. Some aren't pleasant, but you'll still have to contend with them. One thing that you need to do is to think logically about the decisions you have to make in the upcoming days and...
What does it mean to die intestate?
Most people die with some form of estate plan in place. They may have written a simple will, or they may have extensive estate plans in place that include several trusts. However, when a person dies without any form of estate plan in place, it means that they were...
Can I exclude stepchildren from my will?
If you are a surviving spouse and you have stepchildren from that marriage, it is likely that your late spouse wanted your will to include them. During your spouse's lifetime, you may have even discussed setting up a trust in which all of your children and...
Is the estate you have to handle subject to estate taxes?
As the executor of an estate, you have a responsibility to the deceased party who named you as executor, the heirs and beneficiaries who will receive assets from the estate, and anyone with an outstanding debt owed by the deceased parties. In fact, failing to properly...
Do you know the immediate steps to take after a loved one dies?
When a loved one dies, it's important that you take the right steps to protect their estate. Immediately, you'll need to obtain a legal pronouncement of death. For example, if you find that your mother has passed in her sleep, you should call 911 and have paramedics...
You can ask the courts to remove an executor from an estate
One of the most important decisions a person makes while planning their estate is choosing someone to serve as executor or administrator. Unfortunately, people creating an estate plan may not make the most rational decisions, as their emotional attachment to someone...
What debts do executors need to pay off when someone dies?
For most people, estate planning largely consists of deciding whom they want to receive certain assets when they die. However, most households have complex financial circumstances that typically also include liabilities or debts, not just assets.Whether you are the...
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