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Major Functions or Duties of an Estate Executor in Legal FormsNo annotation specified Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;}When somebody died and left a lot of properties, especially real estate, this person will leave a Last Will and Testament to an executor. Executor of an estate is the person named in the testator of the will, who shall administer his properties after his death and settle all obligations and liabilities changeable therein then at the same are distributed to his heirs. He is also the most trusted person in a deceased person’s life. He is the one in charge of the person’s real estate and see to it that what is written in the Will are well respected and followed. The work of an executor is not that simple and easy and this legal professional has many obligations and duties to be done.
These are some of the executor’s obligations:
Managing the assets of the deceased is one of the major functions of an executor. He must be the one to take care any unpaid debts before issuing any of the assets to his heirs. Part of the executor’s major responsibilities is also to settle the real estate taxes. When we say estate tax, it is the tax levied on property after the owner’s death before the transfer to the proprietor’s heirs. And this is where probate begins.
Probate is the legalization of the will. Before the executor of the estate had granted the power to impose the will, the court must ensure that the Will is validly put together.
After the probate process, the executor can start to manage the estate by gathering all the assets together and liquidate it so that it can be distributed as what the will has stated. At this point of time, he will also pay taxes and file all tax returns.
The executor of an estate can only start to pay all liabilities from the estate if and when all tax issues have been tackled. If there are any claims against the estate, it is because of the creditor. The creditor is the person to whom the money is owed. Any dispute with regards to the payment of the estate’s debt can lead to court proceedings.
Keeping the perfect record during the distribution of the assets of the estate is very essential. The distribution of the assets can be done once all issues mentioned are well taken care of. Beneficiaries or the heirs of the estate can have their share stated in the Will, after the settlement of all outstanding debts or taxes of the estate.
If an executor of the real estate does not want to put all the obligations on his or her part, he can have the support of a lawyer, even though this person is the one responsible for taking care of all these things.
For anybody who wants to have a
perfect answer for questions regarding these issues when the time comes that
they will be named an executor of the estate of their friend and relatives
Article Tags: Major Functions Source: Free Articles from ArticlesFactory.com
ABOUT THE AUTHORJames is an expert in writing about legal forms and documents that may help you when your in the search of the right legal document. He writes many articles about forms ranging from, power of attorney forms, landlord tenant forms, and almost any legal form that your searching for.
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