Letter of Office in Probate Proceedings

Letter of Office in Probate Proceedings

When a person creates a will, they put time and careful consideration into how they want their property divided and how their families will be taken care of. Significantly, they choose an executor, a person or entity that they trust to carry out the important tasks of distributing their property in accordance with their wishes  … Read more

Final Probate Steps: Closing the Estate

The role of an executor or administrator of an estate can be stressful and time consuming; yet, it is a role of indisputable importance. Moreover, every step of the administration process and probate case is important. Failure to comply with the probate statutes or federal law can create costly delays, or open the executor up  … Read more

Recovering Estate Assets

Recovering Estate Assets

Being named executor or administrator of an estate is an enormous responsibility. There are complex laws, highly specific pleadings and procedures, and crucial deadlines. Further, the executor has a fiduciary duty to the estate to carry out these responsibilities with reasonable care. Ultimately though, the role of executor is a hallowed promise to honor the  … Read more

Estate Tax Audits

Estate tax returns have become relatively rare over the past decade. Since the early 2000’s, the estate tax exemption has been quickly rising, resulting in far fewer estates having to file estate tax returns. Because the number of estate tax returns has been dropping, the IRS has had a statistically greater opportunity to scrutinize the  … Read more

The Importance of Proper Estate Appraisals

The Importance of Proper Estate Appraisals

Executors have the most important role in the probate process. They are responsible for everything from filing the will and death certificate and opening the probate process, through the final order and distribution of assets. In fact, they have legal duties to the estate and can be held personally liable if they breach these duties.  … Read more

Breach of Fiduciary Duty

Breach of Fiduciary Duty

When preparing a will, one of the big decisions is who to appoint as executor. This is the person or firm that you are putting in charge of taking your estate through a probate court. If you pass away without a will, an administrator is appointed in this role. Why is choosing this representative such  … Read more

The Duties of an Executor

When a person dies with a will, the will designates an executor. This is a person trusted by the deceased to take all of the legal steps necessary to make sure that the will is carried out. Sometimes, this person knows that they will be the executor, and sometimes it comes as a complete surprise.  … Read more