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Does the executor of an estate need to hire an attorney to help with the process of executing the will?
Christy50
No, you do not. Frequently in small estates executors who are not lawyers fulfill the duties of an executor without retaining a lawyer. You do not need to hire a lawyer in order to get a will probated and become the executor officially if you can do the initial paperwork on your own. After becoming executor, you may wish to consider retaining one in order to be sure you comply with all laws governing the administration of the estate.
Wiki User
∙ 15y ago
Wiki User
∙ 11y agoYes. An attorney should be hired to settle the estate unless the executor knows exactly how to settle an estate under the laws in your particular jurisdiction.
Yes. An attorney should be hired to settle the estate unless the executor knows exactly how to settle an estate under the laws in your particular jurisdiction.
Yes. An attorney should be hired to settle the estate unless the executor knows exactly how to settle an estate under the laws in your particular jurisdiction.
Yes. An attorney should be hired to settle the estate unless the executor knows exactly how to settle an estate under the laws in your particular jurisdiction.
Wiki User
∙ 10y agoIn Texas you do not have to appoint an executor in a will, but settling the estate is more complicated and costs more if you don't. I don't know about other states but it seems reasonable to assume most are the same
Wiki User
∙ 13y agoYes. It is necessary. The executor is the person who is given the legal authority to settle the estate of a testator. If an executor isn't named in the will the court will appoint one.
The duties of the Executor are too broad to write them all in this forum and they vary from state to state. Briefly, the general duties are the following:
- Safeguard the assets, changing locks if necessary until the will is presented for probate
- Select the attorney who will handle the estate
- Submit the will for allowance and petitions for appointment as executor
- Publish notice and notifies heirs at law and beneficiaries
- (Once appointed) Open an estate account if necessary
- Assemble, Inventory and take custody of assets
- Notify Social Security and insurance companies of the death
- Pay the debts of the estate according to statutory priority
- Administer the estate according to the provisions of the will and state law
- File the estate tax return
- Distribute the estate
- File the final account
Wiki User
∙ 15y agoNot unless you have a problem with an heir. You can file the Will without an attorney.
Wiki User
∙ 9y agoIt will depend on the jurisdiction. In many places it is not required, but highly recommended.
Wiki User
∙ 11y agoYes. An attorney should be hired to settle the estate unless the executor knows exactly how to settle an estate under the laws in your particular jurisdiction.
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When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
Do heirs have to pay back a loan taken out by the executor?
No. If an Executor takes out a loan it has nothing to do with the estate he is executing.
Can an estate executor sign over responsibility to the estate attorney in Tennessee?
The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.The executor can resign through the court and the court can appoint the attorney as the executor.
How does the power of attorney assign an executor to and estate?
A Power of Attorney is extinguished when the principal dies. The attorney-in-fact has no power to do anything. The probate court appoints the executor or administrator for the estate.
Does the executor of an estate pay attorney fees out of their compensation?
They do not pay the estate attorney's fees, the estate does. If they hire their own attorney, yes, they have to pay them.
Who becomes the executor of an estate if no one accepts being executor and no relatives?
The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.
Can executor of the estate see the will without decedent's permission?
The executor of the estate is responsible for executing the will. They will have to get the will eventually. The decedent, being dead, cannot very well object to their seeing it.
Does a lawyer have a fiduciary duty to only the executor of estate or all the beneficiaries of said estate?
The attorney has a fiduciary-client relationship with the executor. Note that if a beneficiary believes they have a valid cause of action against the executor for mishandling the estate the beneficiary must retain their own legal representation. The attorney who is handling the estate will represent the executor.
How do you transfer the deed of a deceased parents in Texas to the executor of the estate?
The executor now controlling the estate has to do the transfer but if they had an executor, there is probably also a will, attorney, and a beneficiary (ies)
If the attorney of an estate is also the personal representative of that estate can she sell the real estate and collect both the real estate commission and her attorney fees?
The real estate agent is the person who collects a commission on the sale of the real estate not the estate representative (executor/administrator). Generally a person who fills both roles, attorney for the estate and executor, can charge for both services.
Can you transfer a property that is willed to you in NY State without putting property in your name?
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
After death of the grantor of POA who is in charge of the estate?
A Power of Attorney has no relationship to the estate. A Power of Attorney automatically ends at the death of the grantor. The will names an executor who will be responsible for the administration of the estate. If there is no will, the court can appoint an executor. If there is no family member that all the beneficiaries agree can be the executor, the court will appoint a bank or attorney to serve as the executor, at the appropriate fees, of course. Consult a probate attorney in your state or country for further information. The executor named in the will or the administrator appointed through the court if there is no will is in charge of the estate after death. The power of attorney has no effect once the grantor dies.
