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Choosing a will administrator, or executor, and a guardian for your children can be difficult decisions. This section explains the roles of each, the process of choosing and removing each, how the administration process works and answers frequently asked questions concerning payment, co-executors and the differences between guardians of an estate and guardians of a person.
Naming a Guardian for My Children
No function of your Will is more important than naming a guardian for your minor children; and nothing can be harder than picking that guardian.
Removing the Executor of a Will
Removing an executor of an estate is not easy; the beneficiaries must prove serious misbehavior before the court will consider forcing an executor to step aside.
What if a Witness to the Execution of a Will Dies?
As long as a Will is not contested, the fact that a witness dies, moves, loses capacity, or is no longer friendly should make no difference.
Payment of Debts After Death
Administering an estate involves collection of assets, payment of debts and estate taxes, and distributions to the beneficiaries. This article discusses payment of debts by the executor of an estate.
Choosing a Property Guardian for Your Minor Children
The law does not permit minors to assume legal control over property left to them in a Will. This means that you need to be sure that a responsible adult will handle the money and property you leave your children.
Choosing an Executor in Your Will
One of the most difficult decisions when preparing a Will is choosing your executor whose powers and duties are outlined by state law.
What role does the personal representative play under a will?
The Personal Representative (‘Executor’/’Executrix’ or ‘Administrator/Administratrix’) is the person you name (nominate) in your Will to handle your estate. You can also name Alternatives if for some reason your chosen ...
My parents have appointed me as executor in their will. My sister is upset. Can you have mulitple co-executors of a will?
Yes, your parents could name multiple executors, but sometimes quick decisions have to be made. Two or three executors can be cumbersome and if there are only 2, a stalemate ...
What are the main duties of a personal representative?
The main tasks of a Personal Representative are to:
(1) determine if there are any probate assets;
(2) identify, gather, and inventory the assets of the deceased;
(3) receive payments due ...
Do Will Executors Get Paid?
Usually yes. Someone who serves as Executor or Personal Representative of an estate is entitled to get paid for the job. In addition to all out-of-pocket expenses in ...
What does a guardian of minor children do, and when should a Will nominate one?
There are two kinds of Guardians for minor children: A Guardian of the Person and a Guardian of the Estate. The Guardian of the Person is responsible for decisions regarding ...
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