| Probate -- Closing the Estate |
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| After all tax matters for the estate are settled and all bills and expenses paid or amounts set aside, the executor may then prepare to distribute what is left to the beneficiaries according to the terms of the deceased's will, or according to the laws of the state if the deceased left no will. If there was a contest and a negotiated settlement, the executor would prepare to make the full distributions required under the settlement. (If there are lawsuits still outstanding against the estate, it is unlikely that distributions will be made until these are settled.)More... |
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| Executors - Investing Estate Assets |
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| After paying all of the estate's debts and expenses, or perhaps while waiting until it is time to pay them, what does an executor do with all of the estate's money? Is the executor responsible for actively investing the estate assets? Many people are under the mistaken impression he is.More... |
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| Executors -- Paying Creditors |
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| Within one to three months (depending on the particular state) after the executor has been appointed, he is required by law to file a "complete" inventory of the estate's assets. The inventory is submitted to the court and, like all other papers submitted to the court, becomes a matter of "public record" (available to anyone who wants to look at it). Briefly, there are two reasons for the filing of the inventory. First, to indicate to the court the items of property for which the executor will later "account" to the court (tell the court in detail what he did with all these items when the estate is settled), and to let the beneficiaries, creditors, and all other interested parties know just what is included in the deceased's probate estate. If the executor delays or refuses to file an inventory, any interested party may ask the court to order him to file one, although if there are no disputes or contests, executors often file their inventories late.More... |
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| Trusts, Public and Private - I |
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| An express trust is either public or private. A public trust, also known as a charitable trust, is an express trust created for a charitable purpose. If an express trust is not a charitable trust, it is deemed to be a private trust. A private trust is an express trust created to benefit a few persons. This article discusses some aspects of public and private trusts.More... |
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| Executors -- Notifying Creditors |
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| When an executor assembles and collects the deceased's assets and liabilities, he will become aware of the outstanding debts. Once he has obtained his letters of authority, his first formal step in settling debts is to notify all of the deceased's creditors who are known to him. But, because there may be creditors of whom he is not aware, he must publish in a newspaper a notice of the probate proceedings and a general invitation to creditors to submit their claims within the state-specified claims period. If he publishes this notice before receiving his letters of authority, it may be considered invalid and thus require republication.More... |
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