Basic Pointers on Estate Planning
Tuesday, April 1, 2014
Most people understand that a will is essential, but only a few understand how crucial it is to select the best executor to enable them take care of their affairs and give out their assets to chosen beneficiaries upon their demise. Settling on the most qualified executor will help ensure their loved ones will acquire their part of the estate promptly. Choosing the wrong one however, could result in tax problems, long delays, and even the will being questioned.
Read on to discover the fundamentals of estate planning and know what happens to your estate and what is expected of your estate administrator when you pass on.
The Estate is Opened
To officially open the estate and set in motion the procedure of establishing if the will is genuine and valid, the chosen executor will submit the necessary paperwork to the probate court. The documents should also indicate the country where he/she is appointed as executor and will be speaking in behalf of the estate. The executor will be the one to tell creditors including interested government and private institutions of your demise.
Various probate courts would demand certified letters to be sent to possible creditors. Others require a notice to be released in the local papers. However the case may be, it's the executor's responsibility (with some assistance from the court) to name these creditors and inform them properly. It's quite usual for errors in notification to result to lawsuits from heirs, creditors, and beneficiaries. Therefore, it is only reasonable to get a mature person for the task.
Gathering Assets
The executor is expected to take an accurate assets inventory of the decedent. This should include producing a listing of brokerage, retirement, bank accounts, and any property owned by the deceased. In addition, a precise inventory of the deceased's belongings like valuable collections, antique, jewelry, and other assets must be made and submitted to the probate court for review.
This is naturally an incredibly challenging and time intensive task. This also includes would checking out the deceased's paperwork for useful information, interviewing heirs, examining ownership documents from the town hall. As mentioned earlier, the information has to be comprehensive and correct to make certain that heirs receive what is due them in a prompt manner.
Administering the Estate
It's the executor's task to manage the deceased's payable at the time his/her of death. It is also the executor's responsibility to round up any amount of money that is meant for the deceased. This is vital as the money collected will then be handed out to the heirs as directed in the will. This just means that choosing an expert, business-savvy executor is imperative.
Taking care of Taxes
The executor is also duty-bound to get an attorney or accountant who will calculate any due standing estate taxes, and consequently file the proper tax return for payment. This is to assure that taxes on income earned on the decedent's final year is paid, and/or get any due refunds that will be handed down to the beneficiaries. It can't be stressed enough that a mature, organized, and smart person is important in accomplishing these important estate administration duties.
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