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From the lens Executor Responsibilities ~ Good-To-Know Stuff.

  • Paul.S. May 14, 2012 @ 9:14 am | delete
    Thank you so much for taking the time to share. Paul S. Ontario Canada
  • valerie m Apr 7, 2012 @ 8:28 am | delete
    thank you, helpful article, I am going through this right now and it had some great insights.
  • evett Mar 26, 2012 @ 10:16 pm | delete
    my mom passed away and she had a will in which she left my sisters and i the furniture thats in the house. my brother is executor of the estate and he doesn't want to give us the furniture. he says it has to go through probate but i was told that it does'nt have to. is that true???
  • Suzanne Jan 12, 2012 @ 10:13 am | delete
    Great job! Oddly your situation is the exact same as mine. I was POA for my mother and now executor of her estate. She recently passed on 12/6/11. I was also a joint account holder on her banking accounts. I have two brothers (we are all named in the will) and we get along. I am heading to probate next week to file the necessary papers (Massachusetts). Question to you - if I write out checks to my brotehrs (as their due inheritance) am I subject to any gift taxes? I believe the federal limit is $13,000 but this is not a gift, rather an inheritance. Did you run up against this situation?
    Thanks so much!
  • keeping them happy Jun 22, 2011 @ 10:30 pm | delete
    I have a stepson who informed me 6mos after my exhusbands death that I am the executor of my exhusbands estate. He is stalling on giving me a copy of the will and trust, access to the storage unit where all his effects are stored and the boxes of papers belonging to my late exhusband. He sites that he needs to take out all the person papers of my x's. I also have two children from the marriage of over 20 years. He has also refused to give them any information. The estate is too small for porbate and no real estate property is involved, just some personal items and a small amount of cash (@$10,000). The whole issue arose when my stepson could not cash any checks that came into the estate after his death. I feel I need to go through all the papers in order file the income taxes etc. What are my rights and how do I proceed?
  • BlissNow Aug 10, 2011 @ 1:32 pm | delete
    Personally, it wouldn't be worth inviting the stress and negative energy to my life to fight that one, but you have to decide if it's a battle worth it for you, and if you do decide, you will need to seek professional advice on how to do that.
  • Frank R Jun 22, 2011 @ 8:13 am | delete
    My mother passed away in California. she had no debts, a very small bank account, and an unencumbered property worth around 100K. Both the bank account and the property were in her and my younger brothers name. Her will stipulates that I am executor and that the property is to be split evenly between myself and two siblings. Whats the proper way to get the property in the name of the three beneficiaries?
  • BlissNow Aug 10, 2011 @ 1:39 pm | delete
    As the executor you are in charge of that duty, and liquidating the property. If it were me, I would seek professional council from my mother's financial adviser or her own lawyer as the best way to proceed. This way there is no potential conflict between siblings, I would avoid using your own personal legal and professional resources as it is a conflict of interest, unless your siblings all agree.
  • jennifer allen Jun 2, 2011 @ 1:28 am | delete
    My auntie pass an as a neice thats been like a daughter to her since i can remember,i recieved insurance papers on a polciy that the named benfic.is deseased an none of the other family members cant be located an she had no bio.children.i have been in touch with company an there running me crazy but now i need to find out if there is a executor or administrator or how to optain a small estate affidavit..seeming as if insurance is just running me around..help with were due i look or who to call.fyi been dealing wit since nov2010
  • BlissNow Jun 3, 2011 @ 8:19 am | delete
    I have no background in the legalities, only speaking from my experience. What I would do in this situation is seek council from a lawyer that I have already done dealings with that I can trust. I wouldn't know how to handle that on my own ...
  • blutrudream May 25, 2011 @ 7:45 am | delete
    Joint account is very bad advice ... the title of the account by-passes the stipulations of the will and the joint account holder can take the money at any time ... Have a Power of Attorney instead ... the POA can write checks, pay bills, etc and has a fiduciary responsibility. In our case, involving several elderly members of our family, the joint account holders walked away with the money.
  • BlissNow Jun 3, 2011 @ 8:14 am | delete
    Thank you for specifying that, in my case I was the POA as well, but you bring up a very good point ...
  • SonRen Mar 19, 2012 @ 12:38 am | delete
    POA dissolves at the moment of death, No way to pay funeral expenses ...etc from the estate unless there is somebody you trust listed on the bank account.
  • Bank Manager Oct 21, 2011 @ 4:50 pm | delete
    Power of Attorney is no longer valid once the person passes away. It won't do you any good on a bank account. It becomes void at death.
  • puzzlemaker Feb 19, 2011 @ 6:41 am | delete
    BlissNow,
    I've remember this article for at least a year since I read it. I didn't have ANY experience with wills, executors etc. then, but now I do. My grandmother died and I was a beneficiary and I just wanted to mention something to help others. You see, one of the things my grandmother owned was a car and I inherited that car. But from the day she died - it sat for 1 year+ without being cranked or moved in any way which is the WORST thing that can happen to a car. It is the perfect "Grandmother car," she kept it immaculate and in perfect condition - I mean perfect! BUT since it sat without anyone thinking to add a fuel stabilizer, cranking it up and getting the tires moving around a little etc. it suffered. A simple cranking and driving up and down the driveway every month or so would have kept it in good condition. Now I realize a fuel stabilizer should have been added to keep the gas for going stale and gumming up everything. We are now sorting through the dead battery, dry rotted tires, old gas etc.Who knew? We were all upset when she died then had tons of paperwork to take care of. No one thought about the ill effects on the car sitting idle for a year. So just a tip for others and the executor to move any cars around a bit as they sit and details are sorted out. Thanks for this wonderful article!
  • PJackson Feb 9, 2011 @ 5:25 pm | delete
    I am named in my mother's will as one of the executors of the estate along with anohter sister. She previously had a POA for my mother's monthly expenses. As an executor does she automatically have a POA or does a new one have to be originated with the remaining siblings approval in order to perform the durtes of executor?
  • JJP Nov 18, 2011 @ 2:53 pm | delete
    My understanding is that the POA ceases with the death of the grantor of the POA, in this case, your mother. Rather than a new POA, the executor(s), you and your sister, will conduct the matters of the estate as co-executors. My suggestion is that the both of you seek an attorney to help you address all of the legal issues that the both of you will face as you settle the matters of your mother's estate.
  • Monica Sep 26, 2010 @ 5:12 pm | delete
    This is great...I am flying to my grandmothers on Tuesday to meet w/ her lawyer and go over a few things...have been trying to get a list together if the need to knows...never thought of the probate fees!
  • Ernest E. Sep 20, 2010 @ 5:31 pm | delete
    Very helpful article. Thank you for writing.
  • Upset Apr 3, 2010 @ 11:57 pm | delete
    Had an issue with family around no reading of will. As an excecutor my father told me before he died what he wanted done and that was what I did. Do to some requreiments of a trust I hired a lawyer to handle this for me which he did. My job based on his was to receive the disbursments and then after all bills paid distribute to those noted in his trust. Now I have a sitution where since not reading a will or the trust and complications around a prenup also in this situtution which is why a let my lawyer handle this I have a litlle sitution with one of the heirs. Did I do something worng?
  • BlissNow Sep 22, 2010 @ 9:52 am | delete
    Nothing wrong, it's just when there is money involved, you can never be too thorough and detailed, because family emotions WILL surface - even if you would never expect it. Communication with siblings is best done before decisions are made even you are the Executor and if you can't speak with your family members due to a falling out - perhaps a mediator is the solution. Hope this helps.
  • curtman Nov 22, 2009 @ 9:33 pm | delete
    nicw lens... very informative... an easy five star for this lens
  • BlissNow Sep 22, 2010 @ 9:47 am | delete
    Thank you!
  • curtman Nov 22, 2009 @ 9:33 pm | delete
    nicw lens... very informative... an easy five star for this lens
  • BlissNow Sep 22, 2010 @ 9:57 am | delete
    I'm glad you found this lens that helpful - thank you!
  • o2bfree Oct 29, 2009 @ 8:20 pm | delete
    Just curious can a POA continue to pay bills due (joint account) or does the executor have to go to banks and pay all bills?
  • BlissNow Sep 22, 2010 @ 9:55 am | delete
    As I understand it and have experienced with my mother's will, the POA ends upon the death of will holder, then the Executor takes over.
  • Treasures-By-Brenda Oct 12, 2009 @ 7:52 pm | delete
    Nicely done & blessed by a SquidAngel.
  • BlissNow Mar 6, 2010 @ 9:55 pm | delete
    Thank you!!!!
  • BlissNow Sep 22, 2010 @ 9:53 am | delete
    Awesome - thank you!
  • stargazer00 Sep 7, 2009 @ 5:59 pm | delete
    So much to know about this!
  • LoKackl Aug 22, 2009 @ 8:19 am | delete
    Thank you for doing this - it's really a service to anyone faced with these issues. I love your choice of art and its consitency. 5*/fav/
  • BlissNow Sep 22, 2010 @ 9:53 am | delete
    Thank you so much for your words of encouragement!
  • Askyourquestion Aug 17, 2009 @ 8:07 pm | delete
    Great lens! You've put together a lot of very helpful information here. I'd love for you to visit my lens when you have the chance.
  • Michey Aug 16, 2009 @ 1:12 pm | delete
    Yes, this is helpful, to be inform is always a big advantage.
    Regards
    Michey
  • missbat Aug 13, 2009 @ 10:12 pm | delete
    Having also seen first hand family fights and discord over inheritances, it is so true that people need to know the responsibilities of executors and to choose them wisely! A great lens you've made here, with important information. Good job!
  • Joan4 Aug 11, 2009 @ 6:59 am | delete
    Excellent information! Blessed by a SquidAngel!
  • OhMe Aug 11, 2009 @ 5:35 am | delete
    This information may not be something we want to think about but we need to think about it and you have it all here for us to read and understand. Great work and thank you.
  • Pukeko Aug 10, 2009 @ 5:50 pm | delete
    Really thorough job. Thanks for all this information.
  • MsSnow4a Aug 10, 2009 @ 12:00 pm | delete
    Nice to know, thanks for the info
  • lollyj Aug 10, 2009 @ 8:50 am | delete
    Very helpful information here. I was the executor of my mother's will years ago and such things do not always go smoothly for the uninformed. Good job!!
  • puzzlemaker Aug 9, 2009 @ 9:35 pm | delete
    Liz, 5*'s and I'd make it 10 if I could. Some of these issues are hard to think about, but must be considered. I hopefully will not need to go through this for a long time, but you have mentioned things I've never thought about and I'm glad to read it. This is going to help countless people.

by

BlissNow

I'm Liz,
My 82 year old mother passed away recently and I just wrapped up the estate dealings, for now. So, my purpose here is to share some of the th... more »

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