The executor of a will has to do many different things during the probate process which are of great importance. When you are preparing your estate plan, you need to make certain that the person who you select to serve as executor of an estate is someone you can trust absolutely to serve your interests and to facilitate the fast and effective transfer of your assets to the people you love.
Sinclair Prosser Gasior provides invaluable assistance in selecting someone to serve as executor of a will. We can also provide advice on other important decisions you must make when preparing your will and when creating a comprehensive estate plan. You cannot afford mistakes when it comes to your legacy, so call us so you can make the choices that will protect you and your loved ones.
Considerations in Selecting the Executor of a Will
When you are selecting the executor of a will, you need to realize that executor is not just an honorary title in which you name a close family member to recognize your relationship. The person who is named as an executor has tremendous legal responsibilities to carry out, some of which are highly complex. As a result, choosing the person you are closest to may not necessarily be the right approach to selecting an executor. In fact, because a lot of complex legal steps must be taken immediately after your death, you may not want to impose the burden of serving as executor on someone who is likely to be awash with grief after your death.
The executor of a will is going to need to do a variety of different tasks ranging from filing the proper paperwork with the probate court to complying with all Maryland and federal rules for estate tax. The executor of a will is also considered a fiduciary. This means that the executor has a legal obligation or legal duty to act in the best interests of heirs or beneficiaries. If an executor is accused of not fulfilling his or her duty, he could actually face a lawsuit. You may not want to put close family members in a position to serve as executor if there is a possibility of a dispute that could leave on of your loved ones suing another.
You need to make certain your executor of a will is able to live up to the tasks of the probate process, as well as managing your assets during probate. While an attorney provides invaluable help, you still want your executor of an estate to be competent and capable of handling legal issues that arise.
Getting Estate Planning Help From an Experienced Maryland Wills and Trusts Lawyer
An experienced Maryland wills and trusts lawyer will advise you on how to write a will that is going to be enforceable under state laws. We can advise you during the will creation process on the specific clauses that you need to include in your will. One of the most important things that we help you to determine is who would be good at fulfilling the role of executor. We assist in weighing the pros and cons of selecting an executor from among different people in your life, and we help you to understand the duties of an executor of a will so you can make certain your chosen person is up to the task.
Our legal team can also help you to identify other alternatives for estate planning, including creating a trust which will allow some of your assets to transfer outside of probate. The smaller the amount of assets in your estate, the easier the probate process will be and the less stress the executor of an estate is going to have to deal with.
Contact a Maryland Wills and Trusts Lawyer Today
Sinclair Prosser Gasior will assist you in selecting the executor of a will and in making a legally valid will so your wishes can be respected. We provide knowledgeable legal representation to clients who want to ensure they protect their families and legacies with an enforceable and comprehensive will. We can also assist those who have been named executor of an estate in going through the Maryland probate process to ensure the wishes of the deceased are respected.
To find out more about how a Maryland wills and trusts lawyer can assist you with your estate planning or with the probate process, give us a call at 410-573-4818 or contact us online to speak with an experienced member of our legal team.