A Living Will .net

Executor of will duties and responsibilities?

My husband has been appointed executor of a friends will. The deceased has 3 living children but has had no contact for years. The deceased requested that they were not informed of his death or funeral arrangements. My husband is also sole benefactor of the estate. Should my husband inform the deceased children? We do have contact details for them. Please answer from both a moral and legal point of view if you know it.

Yes. They should be informed of the death of their father. It is the right and moral thing to do.

As regards to estate administration, in some states, such as Pennsylvania, you should inform the intestate heirs of the death of a person, where it is required by the Pennsylvania Orphans’ Court Rule 5.6. http://evans-legal.com/dan/ocrules/paoc05.html#paoc05-06

Check with your attorney to see what the rules and statutes are in your state.

The main duties of an Executor, Administrator, or Personal Representative are:

1) determine if there are any probate assets;

(2) identify, gather, and inventory the assets of the deceased;

(3) receive payments due the estate, including interest, dividends, and other income (e.g., unpaid salary, vacation pay, and other company benefits);

(4) set up a checking account for the estate;

(5) figure out who is going to get what and how much under the Will (if there is no Will, the state’s “interstate succession laws” apply);

(6) value or appraise the estate’s assets;

(7) give legal notice to potential creditors (the procedure and deadlines for creditors to file claims vary from state-to-state);

(8) investigate the validity of all claims against the estate;

(9) pay funeral bills, outstanding debts, and valid claims;

(10) pay the expenses of administrating the estate;

(11) handle various paperwork, such as discontinuing utilities and charge cards, and notifying Social Security, Civil Service, and Veterans Administration of the death;

(12) file and pay income and estate taxes;

(13) distribute the remaining property in accordance with the instructions provided in the deceased’s Will; and

(14) close probate.

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