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Estate administration will be necessary after a person with a will or trust dies. All assets in the estate will need to be managed and distributed per the terms of the will or trust. Typically an executor is named in a person's will or trust that will be responsible for such estate administration. If no executor is named, a court will select an executor to carry out the estate administration. The administrator or executor must make sure that the estate of the decedent is properly distributed and managed according to the terms of the decedent's will or trust or other estate planning legal documents. This may include identifying and finding the will's beneficiaries, dealing with creditors, dealing with probate, paying debts and taxes, defending any lawsuits, etc.
Estate administration can be stressful because the person responsible for such administration is essentially in charge of all finances and assets of the deceased. This is a large responsibility and may cause conflicts with other family members of the decedent. If the court appoints an executor or if the decedent named an executor in his or her will and the rest of the family is unhappy with the choice, further turmoil may arise and the family can petition to remove the executor. In addition, creditors or beneficiaries can petition to remove the executor responsible for the estate administration. This can occur if the administrator of the estate poses a threat to the estate, is accused of embezzlement, neglects the estate or does not complete his or her estate administration duties.
Estate planning attorneys can help with all aspects related to estate administration. An estate planning attorney can help you name a responsible executor of your will before you die, so that you know and are comfortable with the person that will be responsible for your estate administration. In addition, if you have been named an estate administrator by a will or by a court, an estate planning attorney can help you should you have any questions. An attorney can ensure that you are following the terms of the will or trust accurately and he or she will guide you through all of the duties of estate administration.
If you are a family member, creditor, or beneficiary of a deceased individual and are unhappy with the way in which an executor is carrying out the deceased's estate administration, an estate planning attorney can also help you go through the steps of petitioning for an executor removal.
If you would like more information on estate administration, seek the advice of a professional estate planning lawyer. Call Attorney Search Network today for an estate administration lawyer referral.
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