An Executor’s Guide to Administering an Estate
Estate Planning 101: The Five Most Important Clauses for Wills and Trusts
Top Ten Mistakes Executors Make and How to Avoid Them
As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more
Prior to the distribution of an estate by an executor to its beneficiaries, an executor must prepare an accounting which outlines the assets of an estate, its liabilities, and the expenses paid by an estate prior to actual...more
When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more
Interested in trying to prepare your own estate plan? There are resources available to assist you, such as online services, computer software and how-to books. Do-it-yourself (DIY) estate planning may save you hundreds or...more
The Chambliss estate planning team often helps families navigate the complexities of administering a loved one’s estate. Challenges can arise in addressing the personal property in the estate...more
What is the immediate importance of estate planning and why should any parent, business owner, homeowner, or those nearing retirement be focused on this issue? Why do most people delay one of the most critical financial and...more
If you’ve ever served as an executor, you may already know how complicated, stressful, and time-consuming the process can be. In fact, according to a recent study, the average estate takes the executor about 570 hours to...more
Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more
While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more
There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more
Why do you need estate planning no matter where you live, but especially in California? What is estate planning? Isn’t estate planning just for people with a lot of money, property and wealth? Why should someone just...more
When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more
What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more
DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more
New amendments to the Israeli Succession Law came into effect recently. These amendments aim to alleviate the bureaucratic burden involved both in issuing probate orders or inheritance orders and in supervising estate...more
In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more
If probate is needed, the process usually begins soon after a loved one passes away. The probate process can be long, stressful, and expensive. Some family members are able to manage it on their own without an attorney, but...more
When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the...more
In Marshall v. Estate of Freeman, a trial court’s order admitting a will as a muniment of title forty-one years after the testator’s death was reversed. No. 03-20-00449-CV, 2022 Tex. App. LEXIS 2857 (Tex. App.—Austin April...more
When it comes to handling your loved one’s estate, the executor has a series of important duties and responsibilities. If you suspect an executor is mishandling their responsibilities or mismanaging estate assets, you can...more
In Janine v. McAfee, parties fought over who should be the administrator of an estate. No. 01-20-00717-CV, 2021 Tex. App. LEXIS 10101 (Tex. App.—Houston [1st Dist.] December 23, 2021, no pet. history). ...more
In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more
The term “probate” is one you may have heard and might associate with negative connotations, but you don’t fully understand what it is. For some, the term conjures images of lengthy delays waiting for wealth to be transferred...more
The executor position is an important but often misunderstood role. In this webinar on estate administration, Whitney Patience O’Reilly details an executor’s duties, from locating the deceased’s will to making the final...more
The executor position is an important but often misunderstood role. In this webinar on estate administration, Whitney O’Reilly will detail an executor’s duties, from locating the deceased’s will to making the final...more