Executors duties

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Exactly what power does the executor of an estate hold. He and myself and my 2 siblings are the beneficiarys and he is also the executor. Does he make all the decisions as to who gets what and what goes where or do we all have a say in it? Are his duties only to make sure debtors and other unfinished business are taken care of?

Attorney Answer

1
Frank Selden 34749.Html ·
The executor does NOT get to decide who gets what (with one exception which I will get to in a minute). If the deceased left a will then the will decides. If there is no will then the intestacy rules decide. Heirs or potential heirs have the right to challenge certain decisions. The executor has the legal authority to sign on behalf of the estate and the responsibility to close the estate according to specific laws: file estate taxes, transfer property, accept estate assets and pay estate creditors. The estate documents or state intestacy rules do not specifically allocate each and every item of personal property. For example, the personal property might be divided between 4 children. The probate process allows a period of time for the heirs, in this example the four children, to decide amongst themselves how to allocate the property. The court will not allow indecision or infighting to drag on a probate forever. At some point if no agreement is reached the court will grant the executor (in Washington State the "personal representative") the power to decide.
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