When individuals draft a will, they include an executor in it. These individuals name someone to carry out their wishes and make sure matters regarding their estate is taken care of after they pass. Being named as an executor for someone’s estate is a big responsibility. Individuals can seek the guidance of an attorney or other professionals, such as accountants, to ensure that all aspects of the deceased’s estate are carried out according to their wishes. Executors may have to pay off any taxes or debts that the person left behind. This can require them to meet with attorneys, accountants or any other individuals in that field to complete the tasks required of them.
One of the main responsibilities of the executor is bringing the will to probate. Once this is accomplished, they can gather the assets named in the will to be distributed to the beneficiaries also named by the deceased. With this role, it is important that the executor makes sure the right possessions are given to the right people. This will help to complete the wishes outlined by the deceased.
Can an executor be removed from this role?
If an executor is failing to perform the duties expected of them, they can be removed from this role. A beneficiary of the estate can file a motion with the court to have the executor removed. The court may then name someone new to the role of executor for that estate. An executor can also be removed if they are abusing their role by showing signs of corruption. If this is the issue, a judge can oversee the case and make a final decision regarding their removal.
Who is a beneficiary?
A beneficiary is an individual who is named in the will to receive a part of the deceased’s estate. These individuals do not have to carry out responsibilities as the executor does. They should remain informed of any meetings to attend in order to receive what was left to them. Otherwise, they should be looking out for the best interests of the deceased’s estate by ensuring that their is no corruption on behalf of the executor.
Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 25 years. If you are in need of experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.