I am the executor of my father estate. He has a will. What do I do after he passes with the will. He has no large personal possessions.

UPDATED: Jun 8, 2009

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I am the executor of my father estate. He has a will. What do I do after he passes with the will. He has no large personal possessions.

8 children in this family. My father is 89 years old and has alzheimers. My brother was the executor until he talked my father into splitting up 40,000 dollars which was meant to be split after he passed. My brother did not want responsibility of executor . (This all happened before my father took a turn for the worse in his disease) . I took my father to his lawyer and he took him alone in his office and my father left everything he has left in his bank account to me and executor and incharge of all medical problems. I have cared for him for 6 years. None of them are involved. Will?

Asked on June 8, 2009 under Estate Planning, Michigan


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you are the executor named in your father's will, it will be your responsibility to have the will probated, and handle his estate.  I would very strongly recommend hiring an attorney to guide you through this process.  One place to find a qualified lawyer is our website, http://attorneypages.com

There are a number of things involved in estate administration, and the law differs somewhat from one state to another.  But one of the constants is that the executor is held to a fiduciary duty:  everything must be done according to the law, and if you make a mistake, it can very easily end up being something you have to pay for out of your own pocket.

From sad experience, I am sure that some of your brothers and sisters will show up expecting something, once your father passes away, and things might become unpleasant.  Make sure that you're on solid ground with each step -- hire an attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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