do i have to answer to an attorney when executing a will

Posted on Aug 31, 2010 The assistance of an attorney is not required to probate

a Will nor to administer an estate. However, a knowledgable attorney in estate administration matters may be helpful in a number respects in administering the estate.

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What is an executor in a will?

Who can help with a will?

What are executors typically responsible for doing?

Do executors get paid?

Do executors need to hire a lawyer?

Can an executor be a lawyer?

Does an executor have to serve, or can he or she refuse the responsibility?

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3 attorney answers

The two prior attorneys offer sound advice. For further insigt, see my legal guide entitled LEGAL DUTIES OF AN EXECUTOR here at my profile at Avvo with the following link: https://www.avvo.com/legal-guides/ugc/legal-duties-of-executor Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below.

Steven J. Fromm

First, you understand that the expenses of any professionals assisting in the estate administration -- attorneys, accountants, and any other advisors required or desirable -- will be paid out of the estate accounts after they're opened, not out of your personal account. Second, as the previous answerer mentioned, there is no requirement that you have an attorney assist you, but by administering....

Jan Matthew Tamanini

The assistance of an attorney is not required to probate a Will nor to administer an estate. However, a knowledgable attorney in estate administration matters may be helpful in a number respects in administering the estate.

What is an executor in a will?

What is an executor? An executor is someone named in a will, or appointed by the court, who is given the legal responsibility to take care of a deceased person's remaining financial obligations. This means taking care of everything from disposing of property to paying bills and taxes.

Who can help with a will?

Although most wills are fairly routine and simple, if there are significant tax liability and financial considerations, then employing someone like an accountant or an estate planning attorney may be helpful. Keep in mind that executors may hire attorneys and pay them with proceeds from the estate. Find a local estate planning attorney near you today.

What are executors typically responsible for doing?

Executors, as part of winding down an estate, will often perform the following functions, with the money to perform these duties comes from the estate itself:

Do executors get paid?

Generally, most executors perform their duties without payment, but executors are entitled to payment. The reason most executors don't request compensation is because most executors are close family members and perform their duties out of respect for the deceased. The amount an executor gets paid is set by state law and what a probate court decides is reasonable under the circumstances.

Do executors need to hire a lawyer?

Many wills are fairly routine and simple, and require no specialized knowledge. Even if a will goes through probate court, the paperwork required does not require a legal degree. However, if there are disputes, complex property issues, significant tax liability, etc., then an executor should seriously consider getting professional help in the form of a lawyer. An executor may use a lawyer as a resource to ask legal questions, or the executor may turn the entire probate process over to the lawyer.

Can an executor be a lawyer?

However, if there are disputes, complex property issues, significant tax liability, etc., then an executor should seriously consider getting professional help in the form of a lawyer. An executor may use a lawyer as a resource to ask legal questions, or the executor may turn the entire probate process over to the lawyer.

Does an executor have to serve, or can he or she refuse the responsibility?

The person named as an executor in a will can decline the responsibility that being an executor entails. In addition, someone who originally accepted the role as executor can resign at any time. As a result, it is generally recommended that you name alternative executors, otherwise a court will appoint a replacement executor if your original choice bows out for some reason.

What does "executing" mean in a will?

In this context, "executing" your will means signing it in accordance with the law, which makes it valid. The requirements are substantially the same in every state, but some states differ permit exceptions to the normal requirements. If you are writing your own will, consult Make Writing a Will Easy before you execute the document.

What happens if you have a will?

If you have significant assets, your estate and beneficiaries may end up owing significant estate and gift taxes. A will is one part of a comprehensive estate plan, which can include trusts, advance medical directives, and the re-titling of property to avoid transfer taxes.

What is the mental capacity to execute a will?

Satisfy the mental capacity requirements. To execute a valid will, you must be "of sound mind." This typically means that you understand what property you have and who you would like to give it to. People can have mental illnesses or intellectual disabilities and still be of sound mind for the purpose of executing a will. Your will is also invalid if you were forced, pressured, or coerced into executing it.

How old do you have to be to make a will in Georgia?

You can make a will at age 14 in Georgia. You can make a will at age 16 or 17 in Louisiana as long as your will in the prospect of your death. You must be at least 19 in Nebraska. Some states permit minors to execute valid wills if they are emancipated by court order, married, or serving the armed forces.

How to make sure your will is good?

Hire an attorney. Consider hiring an attorney to draft your will, or at least to review the will you have drafted. Wills with errors or ambiguities can cost families a great deal of money in legal fees and taxes, so it may be worth it to pay a professional to make sure that your will is as good as it can be.

How many witnesses are needed to sign a will?

Most states require two witnesses, while some require three. The signature block should contain a statement that the witnesses saw you sign your name to the will, as well as the witnesses' personal information and signatures.

How much is an oral will worth in Mississippi?

Mississippi, for example, requires that any gift given under an oral will be worth no more than $100.

What happens if you don't execute a will?

Take note: if you do not execute a will prior to your death, you risk all of your property and assets transferring to the state court system to manage instead of your desired executor. Simply put, a will is peace of mind for yourself and your loved ones that your estate will be settled as you desire upon your passing.

What is a Will?

A Last Will and Testament is a legally binding document that details where and how your estate will be distributed or transferred after your death. When you write a will, you become a testator, and the people to which you award your assets are the beneficiaries of your estate.

What are the four basic items that should be addressed in a will?

The four basic items that should be addressed in even the simplest wills are: Identification of Assets and Beneficiaries: You will choose which assets and property to designate to which beneficiaries. Assets include any item in your possession that has monetary value.

What is a living will?

Living Will: A living will is a type of advanced directive that specifies your medical preferences in the instance you experience an incapacitating event. This will is only used when you are unable to make medical decisions on your own.

How much does an estate attorney cost?

Estate attorney costs can vary by location and size of the law firm, but they tend to fall between $200-$500 per hour or as flat rates of anywhere between $500 to $10,000. These fees are very dependent on the complexity and size of the estate in question.1 It generally takes an estate attorney approximately 1-10 hours to create a will.3

What are the two types of powers of attorney?

Power of Attorney: There are two types of powers of attorney: durable and medical. Durable powers grant full responsibility for financial, business and legal decisions. Medical powers grant full responsibility for medical decisions.

What to include in a will?

It’s recommended to use an attorney when your will includes: 1 Appraisals and records of complex assets; 2 large sums of money; 3 multiple bank accounts; or 4 provisions for minor dependents.3

What is the executor of a will?

After death, the executor of a will has a lot of duties. The executor is responsible for closing out the estate and carrying out the will of the deceased. If you’re named the executor (also called a personal representative), you’ll have many details to manage.

What is the first responsibility of an estate executor?

The first responsibility of an estate executor is to obtain copies of the death certificate. The funeral home will provide the death certificate; ask for multiple copies. You’ll need to provide a copy of the death certificate for a number of tasks, including filing life insurance claims and tax returns, accessing financial accounts ...

What is the responsibility of executor of estate?

As executor, it’s your responsibility to control the assets until the estate is settled. You may have to make decisions about which assets to sell and which to distribute to heirs. If the deceased left a will, you’ll be responsible for contacting those named in the will to inform them about their inheritance and ensure they receive ...

What is the purpose of a will?

The will may include instructions for the funeral arrangements. As executor, these responsibilities could include communicating with the funeral home to ensure the wishes of the deceased are carried out.

Who needs to be notified of a deceased person's death?

The person’s credit card company, bank and mortgage company all need to be notified about the death. If the deceased was collecting Social Security, Medicare or veterans’ benefits, the Social Security Administration and Department of Veterans Affairs will also need to be notified.

Do you have to file a will in probate court?

A copy of the will needs to be filed in probate court . In some cases, assets can pass to heirs without probate (or via a streamlined probate process), but the law in most states still requires filing the will in probate court.

Do you have to pay bills in a will?

Paying ongoing bills isn’t mapped out in a will, so it’s something you may miss if it’s not part of your executor duties checklist. Until the estate is settled, you’ll need to continue paying the mortgage, utility bills, insurance premiums and other day-to-day expenses. In the process of reconciling the estate, you’ll communicate with creditors about outstanding debts and decide how those will be settled. All debts will need to be paid before any assets can be disbursed to heirs.

do i need a lawyer to execute a will? Parents have passed and all possessions have been left to a sibling and myself.. what is the best way to execute their wills - a house and some insurance need to be settled

If your parents died without a Will, then you and your sibliing can file a Petition for Administration of their estate. You only need to file a petition with a copy of the death certificate for the last parent that was alive. Their home, accounts etc will be probated through the Probate Court,.

3 Answers from Attorneys

If your parents died without a Will, then you and your sibliing can file a Petition for Administration of their estate. You only need to file a petition with a copy of the death certificate for the last parent that was alive. Their home, accounts etc will be probated through the Probate Court,.

How many witnesses do you need to sign a will?

A will needs to be signed and dated. In most states, you also need two witnesses to watch you sign your will.

How long does it take to make a will?

On average, an attorney will take 1-10 hours to create a will at their hourly rate. Many others charge a flat fee. Having a law firm handle the process for you is often worth the money, and the time saved.

What is a will?

Wills are a part of the estate plan that helps your money, possessions, and property pass legally to your loved ones.

What does a living will tell you?

A living will tells doctors the kind of medical care you want after an accident or illness leaves you unconscious or unable to explain your choices.

What documents are needed for a will?

Get These Documents Together for Your Last Will and Testament 1 All bank accounts 2 Assets like cars, boats, houses, jewelry, and artwork 3 Your life insurance policy 4 Personal items you want to be passed on to specific people 5 Contact information for your named beneficiary (or multiple beneficiaries) 6 Accurate information about your financial situation 7 Appraisals of your property

Do you need a witness for a holographic will?

Note: Holographic wills (handwritten wills) do not need a witness. However, not all states recognize holographic wills as valid.

Can an attorney answer questions?

Complex situations may benefit from professional help. If you have questions, many attorneys can answer them during a consultation or at their hourly rate.

What is an executor in a will?

What is an executor? An executor is someone named in a will, or appointed by the court, who is given the legal responsibility to take care of a deceased person's remaining financial obligations. This means taking care of everything from disposing of property to paying bills and taxes.

Who can help with a will?

Although most wills are fairly routine and simple, if there are significant tax liability and financial considerations, then employing someone like an accountant or an estate planning attorney may be helpful. Keep in mind that executors may hire attorneys and pay them with proceeds from the estate. Find a local estate planning attorney near you today.

What are executors typically responsible for doing?

Executors, as part of winding down an estate, will often perform the following functions, with the money to perform these duties comes from the estate itself:

Do executors get paid?

Generally, most executors perform their duties without payment, but executors are entitled to payment. The reason most executors don't request compensation is because most executors are close family members and perform their duties out of respect for the deceased. The amount an executor gets paid is set by state law and what a probate court decides is reasonable under the circumstances.

Do executors need to hire a lawyer?

Many wills are fairly routine and simple, and require no specialized knowledge. Even if a will goes through probate court, the paperwork required does not require a legal degree. However, if there are disputes, complex property issues, significant tax liability, etc., then an executor should seriously consider getting professional help in the form of a lawyer. An executor may use a lawyer as a resource to ask legal questions, or the executor may turn the entire probate process over to the lawyer.

Can an executor be a lawyer?

However, if there are disputes, complex property issues, significant tax liability, etc., then an executor should seriously consider getting professional help in the form of a lawyer. An executor may use a lawyer as a resource to ask legal questions, or the executor may turn the entire probate process over to the lawyer.

Does an executor have to serve, or can he or she refuse the responsibility?

The person named as an executor in a will can decline the responsibility that being an executor entails. In addition, someone who originally accepted the role as executor can resign at any time. As a result, it is generally recommended that you name alternative executors, otherwise a court will appoint a replacement executor if your original choice bows out for some reason.