Among the many types of information included in an estate plan, one of the most important is the nomination of an executor to carry out the terms of the will. Many individuals nominate an attorney to be their executor during estate planning.
A Los Angeles estate administration lawyer could explain more about the services they can provide to ensure the legal obligations of this role are met. Schedule an initial consultation with a skilled estate planning attorney today.
The Role of an Estate Administration Lawyer
An estate administrator, commonly called an executor, ensures that the estate’s functions are carried out. Their duties often include the following:
- Controlling the estate’s property
- Settling the deceased’s debts
- Filing tax returns
- Ensuring the deceased’s assets are properly distributed per their will and other estate planning documents
Some of the factors that can impact how the estate is administered include the size of the estate, the complexity of the will, and the number of beneficiaries listed. If a decedent has a will, the nominated executor will probate it, which involves having the will declared valid by a probate judge before the administration process begins. If the decedent dies without a will, a person can petition the court to be appointed executor.
The executor has the fiduciary duty to distribute funds to the beneficiaries according to the will or intestate succession laws in the absence of a will. Executors who fail to carry out their duties can face consequences from the court or even lawsuits from beneficiaries.
It is common for people to choose a Los Angeles estate administration attorney to be executor. This is because they understand the laws and legal responsibilities involved in administering an estate. Even if they are not nominated to administer the estate, they could assist with the probate process and advise those named as executors of the estate.
What Happens If an Executor Is Not Nominated for an Estate?
One of the most important reasons that people choose to undergo estate planning is to ensure that their wishes regarding their property, possessions, and money are carried out after they pass away.
If a person dies without a will or other supporting documents stating where these belongings will go, the court can either appoint someone to distribute the assets in accordance with intestate succession laws or take possession of the assets.
Intestate succession in California gives priority to the decedent’s spouse and children, followed by grandchildren, parents, and siblings, even if the decedent wished for their assets to be distributed to others.
It is important to seek legal advice from an experienced lawyer in Los Angeles about administering an estate to avoid potential issues, including lengthy and expensive probate, and to ensure one’s wishes are carried out. Call Amity Law Group today for more information.
Get in Touch With a Los Angeles Estate Administration Attorney Today
Whether you are developing an estate plan, looking for a legal professional to administer the estate of a loved one, or need legal advice on becoming an executor, a Los Angeles estate administration lawyer could help.
The seasoned legal team at Amity Law Group could provide more information about our other estate planning services, including assistance with trusts, powers of attorney, healthcare directives, and more. Call today to schedule an initial consultation to learn more.
