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By Dr. David Edward Marcinko MBA MEd CMP®
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Your Executor or personal representative is named in your Will and is responsible for management of assets subject to probate. A basic checklist of the duties of the personal representative looks like this:
- Gather all estate assets;
- Collect all amounts owed the decedent;
- Notify creditors and paying all valid debts;
- Selling assets as needed to pay expenses or as directed by the Will;
- Distribute assets to beneficiaries;
- File decedents final federal income tax return;
- File an estate tax return if the estate is large enough; and
- File inventories and annual returns with the probate court, if required.
The position requires a lot of responsibility and involves many duties and a considerable commitment of time. The personal representative must petition the probate court for formal appointment.
Selection of your personal representative should not be made lightly, or as a favor to a friend. It requires a lot of work and very often for little or no pay. Friends and family typically will not charge the estate for their time and work. Outside advisers like attorneys and accountants will not hesitate to bill for their work effort. A few items for your selection criteria should be:
- Longevity – the person should have a likelihood of being able to serve after your death;
- Skill in managing legal and financial affairs;
- Familiarity with your estate and wishes;
- Integrity and loyalty; and
- Impartiality and absence of conflicts of interest.
Alternatives to family or friends might be a corporate executor, such as a bank, an attorney, or other adviser. Similar criteria should be used in the selection of a trustee.
SPEAKING: Dr. Marcinko will be speaking and lecturing, signing and opining, teaching and preaching, storming and performing at many locations throughout the USA this year! His tour of witty and serious pontifications may be scheduled on a planned or ad-hoc basis; for public or private meetings and gatherings; formally, informally, or over lunch or dinner. All medical societies, financial advisory firms or Broker-Dealers are encouraged to submit a RFP for speaking engagements: MarcinkoAdvisors@outlook.com
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Filed under: "Ask-an-Advisor", Accounting, CMP Program, Estate Planning, Experts Invited, Financial Planning, Glossary Terms, Retirement and Benefits, Touring with Marcinko | Tagged: attorney, banker, CMP, court, Estate Planning, executor, financial affairs, last will, lawyer, legal affairs, Marcinko, personal representative, probate, retirement, testament, trustee, trusts, will, will testament, wills | Leave a comment »
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