Users' questions

Should an executor see the will?

Should an executor see the will?

Only the executors appointed in a will are entitled to see the will before probate is granted. If you are not an executor, the solicitors of the person who has died or the person’s bank, if it has the will, cannot allow you to see it or send you a copy of it, unless the executors agree.

Can an executor hide a will?

Executors may hide assets for a number of reasons, whether it’s to reduce the costs of probate or prevent claimants from pursuing additional provisions through a will dispute. If you feel this is the case, contact an experienced contesting wills lawyer to investigate on your behalf.

How soon is a Will read after death?

Instead, the executor or a family member typically files the will with the probate court, and the executor or an estate attorney sends copies to everyone who has an interest in the will. This typically happens within a couple of months after a death, although finalizing the estate can take several months or longer.

Can a family friend be an executor of an estate?

Mejia says she knew an executor who was a family friend of the deceased and didn’t realize the son was helping himself to his late father’s works of art and valuable items while the estate was being settled. This caused many problems, because the will bequeathed the art to a museum. The executor could have been sued, she adds.

What should an executor of an estate be careful about?

Before authorizing any improvement, the executor needs to consider whether he or she is authorized to spend estate assets to make such improvements. Executors also should be careful not to hold on to a house for too long. Insurance companies don’t like to insure empty houses for extended periods, Doyle says.

What are the worst mistakes an executor can make?

And worst of all, executors can be sued. Here are some of the biggest mistakes executors want to avoid: Often an executor will start receiving the deceased’s mail and paying credit-card bills and other invoices as they arrive, says Debra Doyle, shareholder at the law firm Greenberg Traurig in Chicago.

What happens when an executor does not know about a tax bill?

Doyle recalls one estate that carried a significant federal income-tax liability the executor knew nothing about. Once the tax bill became known, there wasn’t enough money left in the estate to pay it since the executor had first paid other debts.

Mejia says she knew an executor who was a family friend of the deceased and didn’t realize the son was helping himself to his late father’s works of art and valuable items while the estate was being settled. This caused many problems, because the will bequeathed the art to a museum. The executor could have been sued, she adds.

What can an executor do if someone challenges a will?

If someone challenges the will or it ends up in probate court, the executor helps to validate it. Arranges for and supervises the distribution of the testator’s assets and property.

What are the duties of an executor of an estate?

As the executor of an estate, you are responsible for managing the probate process, which means you’ll be interacting with the probate court and making decisions about the handling of probate assets. Learn more about the duties of an executor.

What happens if an executor does not sign a will?

Additionally, the executor has no legal recourse to prevent beneficiaries named in the will from contesting it. If a person creates a will but dies without signing it, the law views this the same as not making a will at all. The executor can’t sign the will on behalf of someone who has already died.