can an attorney who drafted my will be a personal representative for an estate

Yes, a lawyer who assists a client in drafting a will may serve as personal representative of the will. The lawyer would be entitled to compensation for serving as personal representative at a reasonable rate.

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Can a personal representative act on behalf of an estate?

May 25, 2017 · The Wisconsin Court of Appeals recently limited the circumstances under which an attorney might serve as personal representative of an estate. In In Re the Estate of Ann H. McMaster Dewey, No. 2016AP865, 2017 WL 1497548 (Wis. Ct. App. Apr. 26, 2017), a decedent nominated her estate planning attorney, Robert Wilmot, as her successor personal …

What is the best way to manage an estate as personal representative?

Yes, a lawyer who assists a client in drafting a will may serve as personal representative of the will. The lawyer would be entitled to compensation for serving as personal representative at a ...

What is a personal representative of a will called?

Professionals and attorneys will be familiar with the procedures in administering an estate and will also be neutral as they won’t have a personal interest in the estate. It is also important to note that often times, close friends or family members will serve as the Personal Representative without charging the estate, while a professional would cost your estate.

Can a lawyer represent the executor of a will?

Mar 13, 2018 · Talk to an experienced estate planning lawyer who can help you choose the right personal representative and can ensure that your will is drafted and executed according to the laws of Washington. For more information or to get started drafting or amending your will, please call us, or contact us via this website to schedule a private and confidential meeting.

Who can be a personal representative of an estate in Florida?

Can an attorney serve as personal representative in Florida?

Is a court appointed personal representative overseeing an estate?

Who can act as personal representative?

Who can be an executor of a will in Florida?

Are executors and personal representatives the same?

What does a personal representative of an estate do?

Can an administrator of an estate be a beneficiary?

Can you appoint a personal representative in Washington?

You have the right to appoint a personal representative you feel is qualified to handle the affairs of your estate. However, Washington law places some restrictions on who may serve as your personal representative. Specifically, the Revised Code of Washington 11.36.010 says that a personal representative must be:

How long does it take to file a will in the county clerk's office?

This should be done within the first 40 days of your death. Additionally, your personal representative will be expected to:

How to administer an estate?

Administering an estate typically begins with marshalling the deceased’s assets. This involves gathering and securing personal property in a safe place and managing the upkeep of more significant property, such as real estate. You must usually submit a list or inventory to the court, detailing all the probate property the decedent owned. This doesn’t include assets that pass to named beneficiaries in some other way, such as jointly held real estate with rights of survivorship, retirement benefits or insurance proceeds that name an individual, rather than the estate, as beneficiary. You may have to hunt a bit to identify all of the decedent's property, checking through paperwork and gaining access to safe deposit boxes.

What is the name of the person who leaves a will?

A person who dies leaving a will has most likely named a personal representative to act on behalf of his estate, steering it through the probate process. The personal representative named in the will is known as the executor; if the decedent died without leaving a will, that person is commonly called an administrator.

How much estate tax is due in 2014?

Federal estate taxes probably won’t be an issue because, as of 2014, they’re only due on the portion of an estate that exceeds $5.34 million. But some states impose their own estate taxes, so check with a local accountant or lawyer to find out if you must deal with this, too.

Do you have to notify Social Security of death?

If the deceased was collecting Social Security, you must notify the Social Security Administration of his death. The estate will need a bank account so you can deal with administration expenses, debts and taxes in the name of the estate.

Who is Beverly Bird?

Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. She specializes in family law and estate law and has mediated family custody issues.

Can an attorney be an executor?

Attorney as executor. Per the American Bar Association, if you feel that none of your family members or friends possess the requisite financial skills to properly act as your executor, you may wish to designate your attorney instead .

What is the importance of choosing an executor?

Remember that choosing your executor wisely is just as important as making your Last Will and Testament in the first place. The person you choose bears grave responsibilities that will impact your family and other heirs after you die. This is educational information and not intended to provide legal advice.

What is the role of a personal representative?

A personal representative, also known as executor, has a number of key responsibilities as the administrator of an estate. You have a duty to the person who has died to carry out his wishes, as stated in the will. You also have a duty to the beneficiaries of the estate to put their interests ahead of your own and act with integrity and honesty.

What are the duties of an estate?

Once you have collected all of the assets to the estate, your duty is to pay all of the deceased person's bills. This will include funeral expenses and hospital expenses not covered by insurance. There will be some administrative duties as well, such as arranging to shut off the electricity and cancel cable service if no one is left living in the home.

What is an estate?

An estate can consist of bank accounts, documents in safety deposit boxes, real estate, personal property and more. You'll search for insurance policies, pension plans and retirement accounts and any other contracts that might yield assets.

What are the advantages of being an executor?

A personal representative, also known as executor, has a number of key responsibilities as the administrator of an estate. You have a duty to the person who has died to carry out his wishes, as stated in the will. You also have a duty to the beneficiaries of the estate to put their interests ahead ...

What is the duty of a will?

You have a duty to the person who has died to carry out his wishes, as stated in the will. You also have a duty to the beneficiaries of the estate to put their interests ahead of your own and act with integrity and honesty. Some estates are easy to administer.

Who is Jim Thomas?

The Free Dictionary: Fiduciary. Writer Bio. Jim Thomas has been a freelance writer since 1978. He wrote a book about professional golfers and has written magazine articles about sports, politics, legal issues, travel and business for national and Northwest publications.

What is a personal representative?

As personal representative, you may be acting on behalf of the estate of a parent or spouse who chose you to do so, but you are acting only because the probate court has granted you authority. You are subject to the jurisdiction of the probate court, which means the court has power to order you to do something.

Who is entitled to probate if he or she dies without a will?

Anyone who would be entitled to inherit from the deceased if he or she died without a will is entitled to notice of the probate of an estate. Heirs may choose to waive their right to notice, but the personal representative is obligated to go through the process of giving notice or securing a waiver. This is usually routine, but can be touchy, say, if Uncle Joe had a child out of wedlock who was never publicly acknowledged but whom everyone knew about. Don't be tempted to do an end run around the law. Notify everyone who has a legal right to notice.

What is estate administration?

Estate administration is about distributing assets to heirs and beneficiaries , yes. But that's the last step in the process, and must not be carried out until ALL other business is concluded: the period for creditors to make claims, payment of taxes, and payment of fees for services to the estate, and a final accounting to the probate court. If you distribute all of the estate's funds to heirs and beneficiaries, then discover that you are entitled to reimbursement or there is an outstanding unpaid bill for services to the estate, you will find it very difficult to reclaim the money from heirs who have received, and possibly spent, their distribution.

Why do we need to do probate?

Part of the reason for the probate process is to allow the personal representative to notify potential creditors of the deceased and give them time to come forward and make their claims against the estate. If you distribute any assets before the process for receiving creditor claims is completed, you may find that there is not enough money left in ...

What happens if you fail to obey a probate court order?

If you fail to obey a court order, depending on the circumstances, you could be held in contempt of court, exposed to personal liability, fined, removed from your position as personal representative, ...

What happens if you don't obey a court order?

If you fail to obey a court order, depending on the circumstances, you could be held in contempt of court, exposed to personal liability, fined, removed from your position as personal representative, or some combination of the above.

What happens if you ignore a claim?

Even if a claim appears ridiculous, don't be tempted to ignore it. If the claim is truly not legitimate, following the proper procedures will ensure it is put to rest. If you ignore a claim and don't go through the procedure to dispute it, you may later be forced to settle it, even if it might have been disallowed if you had followed the rules. ...

Jonathan Craig Reed

The lawyer representing the executor does not represent any other beneficiary. The lawyer has certain duties of fair dealing with the other beneficiaries, but in any kind of dispute with the outcome of the dispute not known, the other beneficiaries need their own lawyer.#N#More

Sharon M. Siegel

First, the attorney does not represent the beneficiaries. Sometimes, this is okay because the intersts of the beneficiaries are the same. Here, your interests are not the same. You should consult with your own lawyer.

Steven M Zelinger

Ms. Reed offers a good answer. The attorney represents the executor and will be acting to protect the executor's interests (to keep beneficiaries from suing, etc.). If beneficiaries have questions or need advice it is advisable to have a separate attorney...

Celia R Reed

The attorney represents the estate and the executor. He has a fiduciary duty to act in the best interest of the estate, but does not represent the beneficiaries. Given the number of questions you have about estate administration and disposition of the co-op, you would be well-served by a consultation with your own probate attorney.

What is a personal representative?

The personal representative is the individual who is charged with guiding an estate through the probate process, and it can sometimes be a complicated and time-consuming job. How much they receive and when they'll be paid can depend on several factors.

Who is Ebony Howard?

She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994. Ebony Howard is a certified public accountant and credentialed tax expert. She has been in the accounting, audit and tax profession for 13+ years.