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executors of a will?
i want to make a will and i'm planning on asking two friends to be my executors. They'll no doubt ask me what this involves and i'm not exactly sure myself. What shall i tell them?
can i ask specifically, how do they make sure my wishes are carried out?
11 Answers
- Anonymous1 decade agoFavorite Answer
I'm an executor for my late father in law and it's not quite as simple as you might think. One thing most people don't realise is the legal responsibility the executor has. If you make a mistake you are liable for the errors, even if they come to light after everything is all settled. The following is a useful link for many will related issues: http://www.netlawman.co.uk/info/will-choosing-exec...
- Bob the BoatLv 61 decade ago
Hi, first off, you would be advised to only have one appointed executor of your assets should you perish
More than one can lead to expensive and needless legal actions if there is any dis-agreement over the execution of the wishes in a witnessed will
In most cases your executor should have legal knowledge, preferably appoint a solicitor, but it is OK to appoint a freind or family member to ensure that your Estate, "money, property, land & chattels etc" are distributed according to your wishes
It can be easy, and you can get a form of Will from W H Smith, fill it in, have it witnessed, and lodged with a "public notary" That could be a qualified solicitor in the yellow pages.
The charge about £30 to put the thing in their safe, so that it can't be tinkered with without your approval
My Grandfather had a simple one. It just said "All to Wife"
I did get the piano, though !
Bob
- 5 years ago
The will in itself doesn't give you the power of executorship. That is obtained through the courts by filing with the court in the county where your uncle died the proper probate papers, starting with a Petition for Probate, the Will, proposed orders (Letters Testamentary), publication of your uncle's death in the local newspaper, proof to the court that notice was mailed to all interested parties, and a filing fee of $300 or more, and then a court hearing maybe 3 to 4 weeks after the initial filing of papers with the probate court. After that, and after you are officially appointed executor of your late uncle's estate, you will need to file even more papers like inventories and apprails to determine the net worth of the estate. It is a long process that can take up to a year or so, depending on the size of the estate. Just because your uncle appointed you executor doesn't mean you have to be executor. You can decline. It would be in your best financial interests and the financial interests of the estate to accept the appointment, but you can also appoint someone else, like your mum, to do the job. It is a long task that, without hiring a probate attorney to do the work, will be a lot of work and you will have to read up on the probate code for your state.
- Anonymous1 decade ago
To be honest most times it doesn't actually involve much, they are the ones who ensure your wishes are met....usually executors will just go to your solicitor and sort the will out that way.
Contrary to other posts on here, executors can benefit from the will, it is witnesses who cannot. If you want any more information about writing wills then you can email me (see sources below). I have written a couple of wills and may even be able to help you out with yours if you like.
Source(s): www.legalwhizz.co.uk - How do you think about the answers? You can sign in to vote the answer.
- budLv 61 decade ago
They will know what to do from the solicitor if you have one, if you haven`t the executors have to make sure all your wishes are sorted, they can be a beneficiary in the will but the 2 witnessess who obviously witness your will can`t.
- scottclearLv 61 decade ago
What the others said. You need to appoint one, and then make the other one an alternate. Having two people doing the same things can create expensive chaos.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
- CkBusiness19Lv 41 decade ago
Executors are primarily responsible for the distribution of your assets (i.e. house, car, furniture, money) to your beneficiaries after your death. They are also responsible for making sure all your creditors get paid and all remaining assets are sold.
- Anonymous1 decade ago
No dont do it - a Solicitor will do everything for you for 4% of ALL assets- The banks will do it for you for 5% or more!! Tell them its `orrid.
- pauls-mrs to beLv 41 decade ago
thay make sure everyone gets what is left to them as well as other requests are met e.g if you want a burial or cremation
- Anonymous1 decade ago
they make sure your wishes are carried out following your death