How an Executor Can Cause Estate Litigation

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How an Executor Can Cause Estate Litigation

estate litigation

When you are working with your estate lawyer to decide on executors, make sure you choose wisely. When someone is tasked with being the executor of an estate, it is not an easy task to complete. If you choose someone that is emotional or not able to handle their responsibilities, your family might end up in an estate litigation. This can be an even more stressful and trying time in their lives. Instead of simply choosing your best friend or a close family member to handle everything for your estate, make sure you take the time to choose someone who understands the complexities and potential issues that come with being the executor. Below, we are going to walk you through a few ways how an executor can cause estate litigation so that you are better suited to choose someone who can handle the responsibility.

 

  1. Avoiding Creditors

One of the biggest problems that can lead to estate litigation is when your executor doesn’t handle paying creditors. If the deceased was dealing with debts at the time of their death, those debts should be paid off from the estate. In most cases, the debts take precedence over the heirs that are laying claim to the estate. If your executor avoids paying creditors, there’s a good chance that legal action will be taken. This is yet another reason why you want an executor that will handle things in a logical and responsible manner.

 

  1. Not Securing Estate Assets

Another big issue that can lead to estate litigation is when your executor doesn’t secure all of the assets for the estate. Certain family members might think that they are owed access to assets of the deceased’s estate, but the truth is that the executor has to secure all of the assets before the process can move forward. The will and the law are the things that should decide who gets the assets, not the family members. This can definitely lead to an estate litigation if it is not handled correctly.

 

  1. Cracking Under the Pressure

When it comes to choosing the executor of your estate, you want someone that can deal with pressure and act in an intelligent way. If you choose someone that cracks under the pressure, estate litigation becomes a part of the equation. Make sure you are consulting with an estate lawyer to get the expert legal advice you need to draft your will and plan for all possibilities.