Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, April 14, 2019

How to Avoid the 8 Biggest Executor Mistakes

FiduciarydutyAn appointed or named executor has a seemingly endless list of tasks to perform, but assembling an appropriate team of advisors can help avoid many pitfalls. Here is a tally of ways to avoid the largest of the pitfalls, compiled by numerous horror stories.

  • Do not hire your real estate attorney to probate the will.
    • Chances are that he most likely is not well-versed in probate law.
  • Do not ignore the beneficiaries.
    • They are the ones to whom you owe a fiduciary duty, so they will not go away until your tasks and duties are fulfilled.
  • Do not think you are all powerful.
    • You might have gotten the job by being the testator's favorite niece or nephew, but the actual business of the estate takes a certain level of humility.
  • Do not fail to act.
    • Estate need to be closed, and the sooner the better for everyone involved. And ignoring the responsibilities does not close it!
  • Do not fail to speak with your attorney because you are concerned about lawyers’ fees.
    • Properly handling an estate can get expensive, and some tasks that can be done by yourself should be to save on fees. But also rely on your attorney's advice.
  • Do not favor one beneficiary over the others.
    • If the testator did not favor one of the beneficiaries, you certainly cannot. This can get you removed as executor.
  • Do not resort to self-dealing.
    • Though some of the estate's more enticing assets may seem within reach with just a little tweaking, any sort of personal gain would most likely be a breach of your fiduciary duty.
  • Do not forget you have personal liability. 
    • "With great power comes great responsibility." Thus, if you make a irreparable mistake, you may be held responsible for the consequences.

See Christine Fletcher, How to Avoid the 8 Biggest Executor Mistakes, Forbes, April 11, 2019.

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2019/04/how-to-avoid-the-8-biggest-executor-mistakes.html

Estate Administration, Estate Planning - Generally, Malpractice, Wills | Permalink

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