Users' questions

Why do you need two executors for a will?

Why do you need two executors for a will?

It is common to appoint more than one Executor in a Will. This is to ensure that there is someone appointed to administer the Estate if anything happens to another named Executor. There are often a number of family members, close friends or even a professional or an organisation named as Executors.

Who are the beneficiaries of an estate in Maryland?

What is commonly misunderstood in the distribution of estates to heirs or beneficiaries in Maryland is that individuals or heirs think that the totality of the assets, regardless of titling or beneficiary designations, are included for estate purposes. That is not the case.

Can a person be the executor of more than one will?

When you’re making your will, a big decision is who you choose to be your executor—the person who will oversee the probate of your estate. Many people name their spouse or adult child. You can, however, name more than one person to serve as executor.

What is the role of a Maryland Wills lawyer?

A Maryland Wills lawyer can help you understand your role after the death of your loved one. What is commonly misunderstood in the distribution of estates to heirs or beneficiaries in Maryland is that individuals or heirs think that the totality of the assets, regardless of titling or beneficiary designations, are included for estate purposes.

When does an estate escheat to the state of Maryland?

The estate assets do not escheat to the State of Maryland unless there are no heirs at law or blood relations to the fifth degree, meaning that there are no longer any heirs as provided by Maryland law, in which case Maryland will become the default beneficiary. That is a relatively uncommon scenario.

How much can an executor of an estate claim in Maryland?

The rules for fees are found in Section 7-601 of the state Estates and Trusts statutes. Maryland law allows executors to claim a fee of 9 percent of the estate’s value. For estates of greater than $20,000, the executor may claim an additional 3.6 percent of the value over $20,000 as compensation for their role in settling the estate.

Can a judge serve as an executor in Maryland?

In addition to the restrictions above, a Maryland probate court will reject a potential executor who is a full-time judge of any Maryland or United States court, a clerk of court, or a register, unless this person is your surviving spouse or a relative within the third degree of kinship.

Who are the co executors of a will?

Co-Executors are two or more people who are named as Executors of your Will. Co-Executors do not share partial authority over the estate; each person you name as an Executor has complete authority over the estate.

Can a will be executed outside of Maryland?

If you have a will prepared outside of Maryland and then move into Maryland, it is valid if it is executed in accordance with the laws of the state in which it was prepared. However, if you move to another state, check with the Probate Division of your new jurisdiction to determine if your will is valid.

Is it better to have 1 or 2 executors?

An Executor’s duties are burdensome so it can be helpful to appoint two executors so they can support each other. However, sometimes the appointment of multiple Executors can cause issues, especially if there are underlying issues between those two people or if there is a conflict of interest.

Why are there so many executors in a will?

The Will has Several Executors – Who Does What? It is common to appoint more than one Executor in a Will. This is to ensure that there is someone appointed to administer the Estate if anything happens to another named Executor. There are often a number of family members, close friends or even a professional or an organisation named as Executors.

Co-Executors are two or more people who are named as Executors of your Will. Co-Executors do not share partial authority over the estate; each person you name as an Executor has complete authority over the estate.

Can You appoint more than two joint executors?

You can appoint more than two people to be joint executors, but it is not recommended and rarely done. Imagine needing the signature of five different brothers and sisters for every single document, but they live scattered across Canada?

What happens if one executor lives out of town?

The estate may take longer to clos e if your executors have issues agreeing on the will interpretation. If one executor lives out-of-town, a majority of the tasks may fall to the other executor. If you do not make all of your children your executors you could be causing resentment (like if you choose two of your three children.)

When you’re making your will, a big decision is who you choose to be your executor—the person who will oversee the probate of your estate. Many people name their spouse or adult child. You can, however, name more than one person to serve as executor.

What does it mean to have two joint executors?

Having joint executors also means that there is built-in accountability. The reality of being an executor is that many people are watching you closely – namely beneficiaries – and with two sets of eyes on everything, documenting everything, and making every decision logically together, it helps to reduce the risk of estate litigation.

The estate may take longer to clos e if your executors have issues agreeing on the will interpretation. If one executor lives out-of-town, a majority of the tasks may fall to the other executor. If you do not make all of your children your executors you could be causing resentment (like if you choose two of your three children.)