During their lifetime, individuals have the ability to administer their estate on how they see fit. They may wish to divide their assets and possessions by giving them to beneficiaries. They may also decide to name a power of attorney and an executor. All of this information can be found in their will. Their will is a document that is written by them to inform of their decisions after they die. This legal document is a guide that executors must follow to adhere to the plans left by the deceased. An executor should be named in the will to perform duties after the death. They may have to pay off any taxes or debts that the person left behind. This can require them to meet with attorneys, accountants or any other individuals in that field to complete the tasks that are required of them. The role of an executor is an important role since they are assigned to finish tasks that were left behind by the deceased. One of the main roles of the executor is to bring the will to probate. After this, they are in charge of gathering assets to be distributed among the beneficiaries. This role is important to make sure that the beneficiaries are receiving what is given to them in the will.
Can the role of executor be someone other than the individual named?
If an executor fails to do their part, they can be replaced for failing to do so. The individual named in the will by the deceased person has a job to do and they should be carrying out their duties. By failing to do their tasks, a beneficiary can file a motion to have the executor removed. If someone believes that the executor is not acting in the best interests of estate, they can be removed for this as well. Signs of corruption by the executor can be seen as a wrongdoing in their role. This can lead individuals to believe they should be removed. A judge can oversee this case and make the decision. They may decide to remove the individual from their role as executor and then appoint a new executor to carry out the responsibilities needed the complete the process.
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.