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I’m the Executor. What happens next?

By November 4, 2020 December 31st, 2020 No Comments
I'm the Executor. What happens next? Daughter and grand-daughter consoling grandma after grandpa's death, three generations of women dealing with the death of a loved one

“I’m the Executor. What happens next?” It’s one of the most frequently asked questions that we receive after the passing of a loved one. Most Executors assume that they need to get the Will in their hands as soon as possible so that they can begin to initiate the paperwork and get their job done. Pretty much everyone thinks that the ball has to start rolling right away.

It doesn’t.

In general, when someone passes, the Executor has some time before they begin to deal with any Estate issues. We recommend taking this time to focus on you and those around you who are also dealing with the death. There is no need to rush into doing things with the Estate. In fact, many things can’t happen right away. Most Wills have provisions that specifically state that nothing can be distributed right away, as any beneficiaries must survive for thirty days after the death of the person in order to receive their entitlement.

Most people think that they need to start taking care of things right away in order to get through the process quicker. However, when dealing with Estates, speed is not an indicator of success. Many steps in the process cannot be rushed and will take time.

Many people also believe there needs to be a “reading of the Will”, and that it needs to be done right away and with many people present. That’s only true in the movies and Agatha Christie novels. It’s not a step in the process in any kind of formal or official way. When it is time for the Executor to start dealing with the Estate, they can meet with one of our lawyers to review the Will and understand what steps need to be taken first. After that, any kind of “reading” is up to the Executor.

We advise that everyone take the first one to two weeks after the passing of a loved one to allow yourself the time to process your own emotions before delving into a process that, even at the best of times, can be difficult.

The only time you need to spring into action is if there is property that needs protecting or managing. This could be real estate or a business. In these cases, it is important to come up with a short term plan. It’s even better if this short term plan has been known to you for some time.

Funeral homes, banks, and other outlets that you may deal with in those first few days may offer a lot of advice and even tell you a lawyer isn’t necessary to do the job of Executor. We think it’s always better to check in with a lawyer to help you determine if you need one or not. To put your mind at ease, call a lawyer, book an appointment at a future date, and confirm the location of the Will. As an Executor, it’s always going to be expected that you know your responsibilities, and getting an orientation from an estate professional is the best way to meet that expectation.

If you or someone you know is an Executor, please know that it’s okay to mourn, to breathe, and take time before starting down the path of being an Executor.

COVID-19 Update From Brown Lawyers, January 13, 2021

Brown Lawyers remains open to provide essential legal services to our community. Effective December 28, 2020, Brown Lawyers is implementing the following procedures:

  • Consultation meetings will only be done by telephone or videoconference. If you have an in-person consultation meeting already scheduled with us, a member of our team will contact you to discuss how to transition your meeting to telephone or videoconference.
  • Upon request, accommodations may be made available to anyone for whom meeting by telephone or videoconference would result in a barrier to receiving service.
  • In-office appointments will be limited to those who are signing critical documents. Critical documents include Wills and Power of Attorney documents and may include other documents at our discretion.

To be honest, we really like being able to connect with you in-person. This was a hard but necessary decision, considering our current situation. Brown Lawyers believes in the power of community and human connection and invite you to continue reaching out and finding ways to connect as we go through this challenge together.

Stay healthy friends!