There are many different people involved in the probate process. These include:
- You or someone else serving as the personal representative
- The Clerk of Court
- A Judge
- Your probate attorney
- The IRS
That last one may cause some anxiety, but part of probating an estate is paying final income taxes. Do not worry, we are here to help. By using one of our experienced attorneys to guide you through the probate process, you can rest assured your loved one’s estate will follow the legal guidelines required by state and federal laws.
Executors can be Personally Liable; Let Us Protect You.
If you are going to serve as an Executor, Personal Representative or Administrator then you have taken on a level of personal liability. You are a fiduciary with a duty to the Beneficiary. You can be made to correct any mistake by using your money. Further, any beneficiary has the right to bring you before a judge to explain every action and every expense. This threat of personal liability is why you have the legal right to retain a lawyer to represent you. The estate pays the bill, but the estate reaps the benefit of efficiency and reduced chance of litigation.
You Are Not Expected to Know All The Answers, But you Pay for any Mistake.
You are not expected to know how to manage every issue that arises. But you are liable if you act upon something you don’t understand when you simply had to hire a professional to assist you. If you fail to retain help and venture out on your own, then you are responsible for your mistakes. Should your error reduce the estate or trust, you are expected to use your funds to repair the damage. If you fail to rectify your error voluntarily, a Beneficiary can force you to explain yourself to a judge. The judge then can require that you reimburse the estate for your errors or mistakes. If you are not an expert Personal Representative, why risk a mistake? Protect yourself; the system allows you to use the estate funds to hire an experienced Probate Attorney.