New York residents who were fans of the late blues musician B.B. King may be interested to learn that there is a dispute over his will. Hours before a Las Vegas memorial service was held for King on May 23, an attorney who is representing some of King's family members issued a public statement. The attorney said that his clients plan to challenge King's will and the actions of his named executor.
New York residents who are preparing their wills or who have learned that they have been named executors under an existing one may wonder what is involved in being an executor and what responsibilities the position has. The duty of an executor is to gather assets, pay off debts and distribute assets to the beneficiaries.
Agreeing to be the administrator for the estate of a loved one in New York may seem simple, but there are numerous responsibilities involved. An administrator's job typically begins upon the death of the individual to whom the estate belonged, meaning that this could be an emotional process. Additionally, there are many steps involved in handling the remaining assets of that individual.
New Yorkers who want to ensure their possessions are managed properly may rely on wills and similar documents, but living trusts offer an alternative. These structures are notable in that their grantors can name themselves trustees and thus manage the assets they want to safeguard. In addition, other trusts, such as spendthrift trusts, can be included in a living trust so that beneficiaries are explicitly looked after.
A fiduciary is a person who is responsible for administering the estate of a deceased person. Depending on the circumstances, some fiduciaries will be referred to as executors, and some will be called administrators. An executor is a person who was named specifically in the deceased person's will as the individual who would be charged with managing the estate. When a person dies who had no will, the court will appoint an individual to be the estate administrator.
Residents of New York who have recently lost a loved one may wonder what debts they could be liable for repaying. The first question to be answered is who is responsible for the financial administration of an estate. If there is a will, an executor should be named. If there is no executor, the state will appoint someone to oversee a deceased person's financial affairs. This person is called the administrator and is chosen in part by their relationship to the person who has died. Generally, the surviving spouse and children are the first ones asked.
Not everyone believes that having a revocable living trust is necessary. After all, the federal estate tax exemption for individuals is $5.34 million and $10.68 million for married couples. However, the purpose of such an estate planning tool concerns more than just saving upon estate taxes. A revocable living trust can allow distributions to heirs without the assets having to go through probate and can thus be an effective means for distribution of assets.
Few people actually look forward to estate planning. Putting yourself in the frame of mind to do it means that you have to think about what the world will be like after you're no longer in it, which is not something that everyone wants to do. However, ultimately it's something that needs to be done. It's a way of having a say in your affairs after you're gone, which is certainly preferable to leaving no instructions behind -- and having your estate eaten up by taxes and fees.
One of the most important parts of estate planning is deciding who will be the executor of your estate. All wills have an executor appointed to manage the estate, regardless of if you name an executor or if the state court does. Since an executor is necessary and will be in charge of managing your estate, it is important to pick someone who is trustworthy and responsible.
Estate planning is a very important process that should not be taken lightly as improper planning can cause tension and stress between family members after you pass away.