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Probate, Estate Jeffrey Asher Probate, Estate Jeffrey Asher

Top Mistakes Fiduciaries Make (Liability Landmines)

The common (but not small) mistakes:

  • Not marshaling all of the assets.

  • Not determining all of the debt.

  • Not disposing of all of the debt.

  • Not paying the expenses on time, including the estate taxes owed by the decedent’s estate.

  • Making distributions prior to the seven (7) months.

  • Paying the decedent’s creditors without confirming the claim(s).

  • Not heeding the concerns or needs of the beneficiary(ies) of the estate.

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Probate Jennifer Kruglinski Probate Jennifer Kruglinski

What it Means to Be an Executor

Whether you are called an executor or administrator, or anything in-between, your job is relatively the same. Marshal the assets of the estate, pay the legitimate claims of the decedent, dispose of the illegitimate claims against the decedent, distribute the net estate pursuant to the terms of the dispositive instrument (e.g., the Will) and/or state law (e.g., in the event there is no Will), as the case may be, prepare the necessary estate tax return(s), and file an inventory with the court.

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