The Guilt Of Getting It Wrong: How To Avoid Costly Executor Mistakes

In this article, you can discover…

• The legal responsibilities of an estate administrator in Pennsylvania.
• Whether it’s feasible to turn down a request to execute an estate.
• How to manage disputes between heirs, and how an attorney can help.

What Are The Legal Responsibilities Of An Executor Handling An Estate In Pennsylvania?

An executor (or administrator) of an estate has a fiduciary duty to the estate, and that is the highest standard of care. They are going to be responsible for identifying assets and debts, securing and protecting the assets, and ensuring all expenses and debts are paid.

There is a lot of work to do, and it’s not an easy job. If you are selected as an executor, you must take the job seriously, as you can be held accountable by the court for failing to do your job properly.

If I Find Out That I’ve Been Named The Executor Of An Estate, Can I Say No?

Yes, you can decline or refuse to execute the estate. Just because you are named as executor within a will doesn’t automatically make you the executor; you must also be appointed by the court.

If named, you must then petition the court to appoint you: If you would prefer to decline the position, you do not have to petition the court to appoint you. If you do not want to serve, then the alternate executor named in the Will would petition for appointment, or if no alternate is named in the Will, then another person who is willing to take on the role would need to petition the court.

What Are The Most Common Mistakes First-Time Executors Make During The Probate Process?

One of the biggest mistakes is assuming that you will not need an attorney. Except in very rare and uniquely simple cases, it’s best to allow a probate attorney to help you.

It’s easy to go to court and have yourself appointed. It’s much tougher to keep track (or even be aware of) the many steps you have to take after that point as part of your fiduciary duty. Take a smart first step, avoid getting stuck months into probate, and reach out to an attorney first.

Another common mistake is simply allowing the decedent’s nieces, nephews, grandchildren, and other relatives to go through the house and take any items that catch their eye.

It seems innocent, but when the decedent’s children (often the true heirs) finally show up, they’re wondering where all of their parents’ things are. For example, maybe the heir would have loved to have his father’s toolbox, but it’s already been picked over by cousins, and now there’s nothing left but nails.

To avoid this outcome, after someone passes, make sure you secure the house. Lock all doors and windows, and do not simply let people walk through and pick out items they like. Secure and lock your loved one’s car, as well, and do not allow relatives to borrow or use it. Slow down, and make sure everything is being done correctly, by the book.

In every case, before you try to divide property or make assumptions about what is lawful, reach out to a probate attorney. There will be debts to pay, taxes to pay, and things must be done in a very specific manner to avoid legal trouble. Seek legal help from the very start, and make sure things are done correctly.

How Do I Manage Disputes Between Heirs In A Way That Is Professional And Legally Sound?

A good probate attorney can help you avoid some of the most common disputes if they’re contacted immediately after a loved one passes away. A lawyer can help ensure you’re handling assets legally and carefully, and not permitting things (such as allowing grandchildren to pick through your loved one’s items) that could lead to conflict. Keeping heirs informed about the process and next steps will often avoid conflicts and confusion.

Your lawyer can also help ensure each step is handled with care before assets are distributed. Creditors must be paid first, and an attorney can ensure beneficiaries’ questions about that process are answered.

I can also meet with heirs to explain the role of an executor, what you’re doing as an executor, and why each step is necessary. I can also help ensure heirs are on the same page, minimizing conflicts and ensuring your loved one’s estate and wishes are respected.

Can I Step Away From The Executor Role If I Feel Overwhelmed Or Unprepared?

Once appointed and once you agree to the role, you cannot just walk away from being an executor. If you no longer wish to serve, you must petition the court to approve your resignation. This ensures that you are legally and correctly released from all executor responsibilities.

How Can A Probate Lawyer Help Protect The Estate And Give Me Peace Of Mind?

At The Law and Mediation Offices of Deborah L. Lesko, P.C., we have a very hands-on approach. Some firms go months without contacting an executor, but we understand how overwhelming the process can be and how quickly it can happen. We’ll touch base with you regularly, help you get any documents you need, and step in to help as needed to keep things moving.

I recently helped a very sweet woman who had been appointed executor and was simply becoming overwhelmed. She couldn’t function anymore. I met with her and said, “Listen, you need to let us handle this for you. You’ve got so much on your plate”. We stepped in, got her the letters she needed, and got the valuations and appraisal she needed. This kept things moving forward and was a huge relief to her, as well.

That is what we are here for. Don’t try to handle probate alone. Allow an experienced attorney to help, and give you the guidance and support you need.

Still Have Questions? Ready To Get Started?

For more information on executor mistakes in Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (412) 276-4200 today.