Is Being an Executor an Honor or a Liability?

Last Will and Testament with gavel and stamp

Earlier this week, the Star Tribune’s Business section featured an article titled “Have you been asked to be an executor? You might want to run.” While our Trusts & Estates attorneys understand the concern behind serving as a personal representative (also called an executor) as it can require quite a bit of work, there are ways to honor the deceased’s wishes and protect yourself.

If you are named as a personal representative in a decedent’s Will, you should speak to an attorney who has experience in estate and trust administration. This should typically be done before you start acting on behalf of the decedent or the decedent’s estate. An experienced attorney will be able to provide initial direction as it relates to ordering death certificates, notifying financial institutions and governmental agencies, and other items that should be addressed shortly after a death. As a personal representative, you are allowed to use the assets of the estate to hire an attorney or accountant to support you through the administration process.

Our Trusts & Estates attorneys assist personal representatives, trustees, and beneficiaries in all aspects of estate and trust administration. This can include assisting trustees in trust management, administration, or distribution, representation in a probate proceeding, or any variety of complex situations that may arise in trust and estate administration.

If you have been named as a personal representative or trustee and have questions about the process, please contact our Trusts & Estates attorneys at estateplanning@fmjlaw.com.

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David M. Ness