So You've Been Appointed Executor, Now What Do You Do?

The position of “executor” is one of enormous trust and confidence – you have been entrusted to transfer the things someone cared about to the people she loved, according to a strict set of guidelines written down in a document called a Last Will. An executor is one of many so-called “fiduciary” positions created under the law, but is special in that by definition an executor only serves following a death. Given the reason for this particular “call to action,” a.k.a. the death of a loved one, taking on this position is generally not entirely business-related. There are often powerful emotions and complicated family dynamics at play – both expected and surprising. While we expect grief and sadness, families are often surprised and even devastated by the jumble of other feelings and behaviors swirling around after a loss. 

Join attorney Amie Gartenberg as she discusses the nuances of the executor position and how to successfully execute an executorship. Here, she addresses the entire process, including probating the Last Will, considering the use of “post-mortem” planning techniques, marshaling and dealing with decedent’s varied assets, understanding the differences between probate and nonprobate assets, understanding creditor issues, dealing with disgruntled beneficiaries, considering the specialized tax issues relating to estates (inheritance and income tax), and accounting for and ultimately distributing the estate.  

Learning Objectives:

I.     Identify the cast of characters in an estate administration and define their roles 

II.    Build the legal roadmap – a checklist – executors must travel to fulfill their fiduciary obligations

III.   Explore the particulars of the estate administration process

IV.   Gain insight into the special considerations inherent in helping a family in grief move forward – at least from a legal standpoint