An executor is a person who is appointed to carry out the instructions of a will after the death of the person who made it. The executor has a fiduciary duty to the beneficiaries of the estate, which means that they have to act in good faith and in the best interests of those beneficiaries. …
If an executor is not communicating with beneficiaries, it can lead to trouble. An executor owes the beneficiaries of the estate they are administering a “fiduciary duty.” This means that the executor must exercise reasonable care and act in the best interests of those beneficiaries. As part of that fiduciary duty, an executor has a …
What To Do If an Executor Is Not Communicating With Beneficiaries? Read More »
While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries. In no case can …
Generally speaking, the executor of a will cannot take everything simply based on their status as executor. Executors are bound by the terms of the will and must distribute assets as the will directs. This means that executors cannot ignore the asset distribution in the will and take everything for themselves. However, if the executor …
An executor can override a beneficiary if they need to do so to follow the terms of the will. Executors are legally required to distribute estate assets according to what the will says. This means that if a beneficiary disagrees with the distribution in the will or other terms the executor can — and must …
Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor. What is an Executor of Will or …
Curious about wills? Need a living will? Looking for an estate planning attorney? From California to Florida, this guide will help. We’ll cover various types of wills, why you might be interested in them, and then how you might be able to go about creating one – either with an estate planning attorney or will …
7 Types of Last Wills – Living Wills, Forms, and Templates Read More »
What does an executor of a will do? Being named the executor of a will brings with it a wide variety of important duties that must be carried out to meet the wishes of the decedent. If you have been named as an executor, here are several of the functions you may need to undertake: …
The Executor of Will Checklist: Duties & What to Do Read More »