Role of an Executor in Estate Administration

When a loved one passes away, and while the family is fighting through grief, the responsibility of managing the deceased’s estate often falls on the shoulders of an executor. This important role carries significant responsibilities and requires time, attention to detail, and dedication. Understanding the duties and responsibilities of an executor is essential to ensuring the smooth administration of any estate.

Our experienced family estate planning attorneys from Perna & Abracht, LLC can help you understand the role of an executor, the tasks they must undertake, and how to navigate the probate process in Pennsylvania.

Who is an Executor?

An executor is a person appointed by the decedent (the person who has passed away) in their Will to manage their estate after their death. The executor is responsible for ensuring that the decedent's wishes are carried-out according to their Will, handling the probate process, and distributing assets to the beneficiaries. In cases where there is no Will or the named executor is unwilling or unable to serve, the court will appoint an administrator to fulfill these duties.

Duties of An Executor:

Identifying and Gathering Assets

One of the primary responsibilities of an executor is to locate and gather information about all the assets of the decedent. This may include bank accounts, real estate, investments, personal property, and other valuables. The executor must take steps to secure these assets and ensure their proper management during the probate process.

Starting the Probate Process

The initial step in managing an estate involves commencing the probate procedure, which is the legal way of transferring the assets of a deceased individual to their intended beneficiaries. In the Commonwealth of Pennsylvania, this process starts by submitting a formal request to the Register of Wills in the county where the deceased person was residing at the time of their passing. The appointed executor is required to furnish a copy of the Will, a death certificate, and a comprehensive list of the deceased person's assets. Once the Register of Wills approves the Will for probate, the executor will receive Letters Testamentary, granting them the legal authority to represent the estate. Seeking guidance from our experienced estate planning attorneys can help you avoid any potential complications.

Debts and Expenses

Before the assets can be distributed to the beneficiaries, the executor must ensure that all debts and expenses are paid. This includes funeral expenses, outstanding bills, property taxes, and any other debts owed by the decedent at the time of their death. Executors should also be aware of both the Federal Estate Tax and the Pennsylvania Inheritance Tax, which may apply to certain assets passing to beneficiaries. It is essential to consult with an experienced estate attorney to ensure compliance with tax laws and avoid potential penalties.

Preparing and Filing a Final Accounting

After all the assets have been distributed, the executor must prepare a final accounting of the estate. This accounting provides a detailed record of all financial transactions related to the estate, including the assets collected, debts and expenses paid, and distributions made to beneficiaries. The final accounting must be filed with the Register of Wills and, in some cases, may require approval by the court.

Seeking Professional Assistance

Administering an estate can be a complex and time-consuming process. It is essential for executors to seek the assistance of an experienced estate attorney to guide them through the probate process and ensure compliance with all legal requirements. An attorney can provide valuable advice, help avoid costly mistakes, and ensure that the executor fulfills their fiduciary duties, thereby shielding the executor from personal liability.

Conclusion

Serving as an executor is a significant responsibility that requires a thorough understanding of the probate process and the duties involved in managing an estate. By familiarizing themselves with these duties and seeking professional assistance, executors can help ensure the smooth administration of their loved one's estate and the proper distribution of assets to beneficiaries.

This blog was originally posted on https://pa4law.com/role-of-an-executor-in-estate-administration/

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What to Expect if Your Divorce Goes to Trial

When many people hear the word “trial” they think of criminal proceedings where a jury decides the fate of the defendant. However, when an agreement can’t be reached between a divorcing couple, they may participate in a trial to settle issues surrounding property division, child custody and support, alimony, and any other matters that need to be addressed. If your divorce is going to trial, it’s critical to have the best divorce lawyers by your side.

Settling Disputes Out of Court

Having a lawyer negotiate a settlement with your spouse is typically a more expedient and affordable way to settle divorce disputes than going to trial. It’s important to keep in mind that going to court can be a lengthy, costly process.  Your divorce attorney and child support lawyer may be able to negotiate a divorce and custody/support settlement agreement without ever going to court.

Steps to Take Before Trial

1. Discovery

Each party must share all evidence with the other side to ensure everyone can prepare for trial without surprises before the court date. Typically, the hearing officer or judge holds a pretrial conference and sets a deadline for discovery to be completed. You must name the witnesses who will testify and will have an opportunity to object to any evidence the other side proposes to submit.

2. Depositions

Generally, a deposition is a fact-finding mission in which the deponent (the person being deposed) answers questions under oath in front of a court reporter before the trial begins. Lawyers may ask a wide range of open-ended questions to discover more facts that may be of use in the trial or in trying to settle the case. Subpoenas may be issued to summon witnesses such as friends, family, acquaintances, and experts to testify in a deposition.  

3. Trial Preparation

It’s important for your attorney to properly prepare you for the deposition and trial. You will not only be prepared as a witness; your lawyer will advise you on how to conduct yourself in and out of the courtroom. Your attorney will ask you questions you might hear from opposing counsel or the hearing officer or judge and may advise you about other details specific to your case. For issues like alimony and child support, there are certain factors that the court must consider. It’s important to be prepared to address each and every one of them. Your attorney may also continue to negotiate with your spouse’s lawyer to try and hash-out issues before trial. 

The Trial

On the first day of the trial, witnesses are sworn in, and the hearing officer or judge will ask the attorneys if they have any preliminary matters to discuss. Once that’s taken care of, opening statements begin. The lawyer for the party who filed for divorce (plaintiff) then calls the first witness to testify. After the plaintiff’s attorney is finished asking questions, the opposing counsel conducts a cross-examination. The plaintiff’s attorney may then ask some more questions on redirect. This process continues until all of the plaintiff’s witnesses have testified, including expert witnesses and the plaintiff.

The other side then calls its witnesses for testimony and cross-examination. Throughout the process, evidence is presented, and the attorneys will most likely raise objections that will be sustained or overruled by the hearing officer or judge. After all witnesses have testified and all evidence is presented, each side presents a closing argument. Once this phase of the trial is over, the hearing officer or judge issues a written ruling and sends it to both attorneys.

The Order

In a divorce trial, the hearing officer will issue a Report and Recommended Order. If either party takes issue with the Recommended Order, that party may file what is called exceptions. The Recommended Order then goes to a judge for a ruling. If neither party objects to the hearing officers, Recommended Order, it is signed by a judge into an actual Order of Court. Once the judge signs a divorce Decree, you are legally divorced. Barring any motions for reconsideration or appeal, the specifics of the orders must be carried out.

Do you need assistance with divorce or another legal issue? Our experienced team of affordable child custody lawyers, divorce attorneys, domestic violence defense lawyers and family estate planning attorneys can help.

This blog was originally posted on https://pa4law.com/what-to-expect-if-your-divorce-goes-to-trial/

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