Miscellaneous 

Can an executor seek legal advice?

Leia Doyle

Can an executor seek legal advice?

As long as it is reasonable to seek legal advice to help resolve complex situations, an executor can expect to receive an indemnity (i.e. full reimbursement) of their reasonable legal costs from the estate, before the estate’s money is distributed to beneficiaries.

What is the legal responsibility of an executor?

An executor typically offers the will for probate, takes action to protect the assets of the estate, makes distributions of property to beneficiaries and pays the debts and taxes of the estate. It is also the executor’s job to locate, manage and disburse the assets of the estate.

What happens if I’m named the executor of a will?

I’ve Been Named the Executor of a Will. Now What? The executor of a will is responsible for carrying out a deceased loved one’s wishes. If someone named you the executor, you’ll need to learn more about what your role will be, which includes ensuring their assets are distributed to the beneficiaries.

What can an executor of an estate do in probate?

What an Executor Can Do. 1 Open probate with the court. 2 Identify the deceased’s assets. 3 Provide notice to heirs and interested parties. 4 Manage the administration of the estate. 5 Pay the deceased’s debt from the estate. 6 Distribute funds or property to the heirs. 7 Close the estate.

Can a family member be an executor of an estate?

The number of matters filed in the Supreme Court that relate to disputes about how an executor is administering or has administered a deceased estate are on the rise. Usually, the trusted family member or friend appointed as an executor is just trying to do the right thing by their loved one. So, what are they doing wrong?

Can a beneficiary bring a claim against an executor?

An executor can also be liable for mismanagement, misapplication or waste of the estate . In this case, either a beneficiary or creditor of the estate can bring a claim against the executor. The Court has previously found the following to be mismanagement or waste of the Estate: