Endicott, NY Estate Planning Law Firms & Lawyers

The executor of the estate duties to the estate and the legatees and heirs of the estate. The executor must collect the assets of the estate, pay creditor claims, make specific bequests, liquidate assets as necessary to make the appropriate distributions. The executor is under a duty of loyalty to the estate and has fiduciary responsibilities to the estate. This means the executor cannot use estate assets for his or her own benefit and cannot permit the waste of estate assets. Use of estate assets for non-estate purposes could be done with an appropriate market value payment (i.e. rental).

The executor should change the locks if others have access to the home. He may be responsible for loss or damage. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Yes. Happens all the time. They would apply to be appointed Special Administrator and have authority to round up bank accounts, file the will, open safe deposit boxes, etc. They would NOT be entitled to take money for themselves but must report their work to the probate court and follow the court's instructions. To be appointed Special Administrator is pretty simple but usually involves help from an attorney.