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.

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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

Answers:

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

Answered 12 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.


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