Does the probate attorney have the final say in probate?

Share This Post

Does the probate attorney have the final say in probate?

Introduction

Usually, a question wanders around the mind of almost all families who recently lost their close one “Does the probate attorney or executor have the final say in the probate?” Suppose the will’s executor has been abiding by the will as specified by the descendant and also fulfilling the fiduciary duties according to law. In that case, they have the final say in probate. However, there are cases when the executor does not have the final say. 

Executors ensure the deceased’s wishes are carried out and handle the estate’s final affairs. The Probate Attorney is authorized by the county probate court to act in this role, but that doesn’t mean the executor has the final say in all estate decisions.

What are the responsibilities of the executor?

A person will appoint as executor of the will. They must be mandated to know the will and wishes of the individual who passed away, and so on. However, the probate court has appointed an executor to manage the estate’s affairs. Also, the executor can use the estate’s money in any way considered best for the estate and fulfill the deceased’s wishes. 

If put, the executor’s responsibilities are to notify beneficiaries of the estate. They manage the unfinished business of the deceased, close bank accounts and debts, and distribute and protect the estate’s assets. The estate may have more obligations than the assets available to pay them. If the estate is insolvent, the executor should readjust things accordingly to pay all debts. This can include liquidating significant assets or minimizing inheritances. 

Common concerns against executors

Be it the roller coaster of emotions that a family member is going through on the loss of a loved one or conflicts in the family. In some cases, beneficiaries of the estate might be concerned about the time. Therefore, a probate lawyer or executor manages the affairs of the deceased. 

Here mentioned are some common concerns against the executors:

  • First, things are taking too much time to settle: Although some estates might take more than ten months or a year to pay when it is taking too long, family members might start wondering if the executor is acting in a self-serving manner.
  • The next concern that one might have is accounting errors. No matter if the assets are large or small, any accounting errors made by the executor can raise red flags. If the executor is self-dealing, then they may sue for creating damages in the civil court.  
  • Executor failing to sell the real estate: No matter if the executor is living in the deceased’s home or is not proceeding further with the sale of the estate, beneficiaries might have concerns about the motive of the executor for not closing the deal and allowing them to move ahead. 

If the executor does not follow the above points, one can file a case against them for breach of fiduciary duty. 

Why the executor has the final say in the estate’s liquidation?

The court specifies a general structure, which a will must comply with. Otherwise, it might consider voidable and, thus, contested by beneficiaries. Therefore, in essence, the executor will select by the tester. An executor is an individual whom the tester trusts to administer the will. It means that the property in the estate leaves the executor in the trust. Also, a well-written will specifies how one distributes the assets to the heirs and beneficiaries. 

To continue, the executor is responsible for doing the following:

  • Protecting all assets from unfair sales.
  • Making arrangements with the funeral home for the last rites of the deceased.
  • Taking inventory of all real estate and determining its market value.

Therefore, in case the executor challenges in court. They can show their due diligence with the points mentioned above. However, they also have maintained proper bookkeeping, and it can be challenging to override the executor or probate attorney of their final decision. 

Conclusion 

Now the executor of a will has a big responsibility; they require a formal authority to spend money from the estate to complete the task and manage the affairs effectively. Although the executor has the final say in the probate, the charge is not without limits. The executor must act in the best interest of the estate. Like any other job, there is a system that holds the executor accountable and thus ensures that no executor is misusing their authority.

More To Explore

More To Explore

Subscribe to our Newsletter

legal will Long Island lega lwill New York legal will NYC legal will Queens legal will Staten Island living trust Brooklyn living trust Long Island living trust New York living trust NYC living trust Queens living trust Staten Island medicaid trust Brooklyn medicaid trust Long Island medicaid trust New York medicaid trust NYC medicaid trust Queens medicaid trust Staten Island New York estate planning legal New York probate lawyers NYC guardianship lawyer probate attorney Dutches county probate attorney Kings county probate attorney Nassau NY probate attorney Orange county probate attorney Putnam county probate attorney Queens probate attorney Rockland probate attorney Suffolk probate attorney Sullivan county probate attorney Ulster county probate Brooklyn lawyer probate lawyer Kings county probate lawyer Long Island probate lawyer Nassau probate lawyer Queens probate lawyers New York probate lawyers NYC probate lawyer Staten Island probate lawyer Suffolk probate lawyers Ullivan county probate New York attorneys probate New York lawyer probate NYC lawyer probate NYC lawyers probate property attorney probate property lawyer revocable trust Brooklyn revocable trust Long Island lawyers directory NY revocable trust New York revocable trust NYC revocable trust Queens revocable trust trust Bronx will attorney Brooklyn will attorney Long Island will attorney New York will attorney NYC will attorney Queens will attorney Staten Island will lawyer Brooklyn will lawyer Long Island will lawyer New York will lawyer NYC will lawyer Queens will lawyer Staten Island wills and trusts Bronx Wills and trusts Brooklyn wills and trusts Long Island wills and trusts New York wills and trusts NYC wills and trusts Queens wills and trusts Staten Island wills Brooklyn Estate Planning Boca Raton Miami Lawyer Near Me Lawyer Magazine Estate Planning Miami Lawyer wills Long Island wills New York wills Staten Island estate planning lawyers NYC probate New York lawyers trust and estate law firms estate planning attorneys Brooklyn estate planning lawyers Brooklyn estate planning Brooklyn estate planning New York attorney estate planning New York attorneys estate planning attorney Brooklyn estate planning New York lawyer estate planning New York lawyers guardianship attorney Brooklyn guardianship attorney Long Island guardianship attorney New York guardianship attorney NYC guardianship attorney Queens guardianship attorney Staten Island guardianship lawyer Brooklyn guardianship lawyer Long Island guardianship lawyer New York Estate Planning Lawyer NYC guardianship lawyer Queens guardianship lawyer Staten Island Near Me Dental Near Me Lawyers