• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Executors' duties

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

patsonly

Guest
indiana brother of deceased is named executor, bulk of estate is in indiana. deceased died in california before funding trust. executor has not paid boat and other storage fees, licenses, nor informed beneficiary in california. How often should executor inform ben., and what are duties and responsibilities. what can ben. ask for, demand, expect. many thanks
 


ALawyer

Senior Member
Part of the problem with living trusts is that unless they are properly funded, they are just pieces of paper until funded. I trust there was also a Will. If there was a regular Will in addition to the Trust it may say who gets what. If there was a simple pour-over Will, that essentially puts everything that the deceased owned not in the Trust into the trust and thus funds it, and the trust beneficiaries inherit the whole thing.

The named executor has no legal duty to serve if he does not want to. If neither he nor other family members for whom he feels a duty or responsibility are beneficiaries, or he is on the outs with the beneficiaries, he can turn down the "honor" and refuse to serve. The court would appoint another person.

If he starts to serve and is appointed, he ought to hire counsel, whose fee should be paid out of the assets of the estate and can advise him on the process and handle matters. This is particularly important in multi-state situations. In California the probate fees are set by law.

The first question to consider is where the deceased lived. If he was a Californian, a California probate is called for, so hire a California probate lawyer. If there is real property in Indiana, then ancillary probate also could be needed in Indiana. If it is just stock and accounts, that is handled from California.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top