Properly planning an estate takes a lot of time and consideration. As a result, you will want to make sure that everything goes according to plan in the event of your passing. As a result, you will want to appoint an executor to handle your estate and ensure that things get done and go smoothly. But, this process is not always simple. Read on to learn more about what happens if there is no executor of an estate.
What is an Executor?
Typically, when estate planning, you will choose an executor. An executor will be in charge of handling and distributing your estate in the event of your passing.
What are the Duties of an Executor?
Many people consider it an honor to be chosen as the executor of an estate. Some of the things an executor will do include bringing the will to the court in order to begin probate and determine the validity of the will. The executor is also responsible for the finances of the estate. This may mean taking care of any taxes and other overdue bills. If there is an issue, for example, a beneficiary contests the will, the executor will be responsible for handling the dispute. Lastly, one of the most important jobs of the executor is to distribute assets to the beneficiaries.
What if No One Wants to be Executor?
Some people are overwhelmed by having to handle an estate and all that comes with it. Sometimes, someone will agree to be an executor without realizing what it fully entails. In cases like this, the court will not force someone to be executor if he or she does not want to. It is possible that a backup executor has been named. If this is the case, the backup executor will step into the role. But, sometimes there is no one to take on the job. When this occurs, the court will appoint someone else suitable for the job. Notably, an executor can be removed from the position. This may happen if he or she is not fulfilling the duties or is engaging in fraudulent activity.
If you have any questions or concerns regarding the executor of an estate, contact our firm today to discuss. We are here to help you through all your estate planning matters.
Contact our Firm
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.
