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Janet
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Posts: 2,048
Free Kitten
In article >,
says...
> Sounds very unscrupulous. Mom's lawyer didn't charge an exhorbitant
> amount for handling the probate. Then again, it didn't amount to much
> work on his part. Her Will very clearly defined the division of monies
> and property. All he had to do was file it with the court.
Either your mother's estate was minimal/ very simple to administer, or
the task of Executor is very different in the USA. Here, executing a
will is lots more work than just "file the will with the court".
Here, as a minimum, the executor has to locate, notify, list and get
professionally valued all the assets of the deceased, (everything from
their home/car to their furniture, belongings, stocks, insurances, bank
accounts etc) and also find, notify, and settle any debts/tax
liabilities; set up a separate bank account into which financial assets
are collected and from which to settle debts and taxes. If property is
to be sold or passed on he is responsible for its care, insurance and
maintenance meanwhile.
Having settled the estate's value he then has to distribute bequests to
the beneficiaries. ( Or break the bad news that liabilities/costs
exceeded assets and there's nothing left to inherit).
All that is assuming there are no legal disputes/challenges (from
creditors or beneficiaries or family over ownership/valuation of assets
etc), which may require him to attend court. I've seen bitter family
members obstructing Executors for years, deliberately running up
Executor's costs in some Dog in Manger attempt to shrink assets left to
someone else.
Janet UK
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