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Published byBrandon Russell Modified over 6 years ago
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Estate Executors: appointing and being appointed
Kristin Yarish June 20, 2017
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Outline What is an estate executor? General duties of an executor
How to choose an executor Should you act? Questions
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What is an Estate Executor?
aka trustee, personal representative Executor vs. Administrator Appointed in a Will or other testamentary document Derives authority from the Will
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General Duties of an Executor
Read the Will Decide if you want to act Notify beneficiaries (informally) Make funeral arrangements
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General Duties of an Executor (cont’d)
Dispose of perishable items Make an asset inventory (as of date of death) Make a debt inventory (as of date of death) Advertise for creditors Apply for a grant of probate (as required)
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General Duties of an Executor (cont’d)
Set up a bank account for dealing with estate funds Collect and protect assets belonging to deceased Complete and file income tax returns Pay debts
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General Duties of an Executor (cont’d)
Accounting Distribute property in accordance with the Will Administer trusts created in the Will (ongoing)
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How to Choose an Executor
Considerations: Family member, close friend, trust company Honest, responsible, organized, competent Alternate vs. co-executor Age
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How to Choose an Executor (cont’d)
Considerations: Willingness Proximity Complexity of your estate Potential for dispute Grief
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Should you act? Considerations: Are you capable? Do you have the time?
How complex is the estate? Are you a beneficiary?
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Should you act? (cont’d)
Considerations: Liability Who will act if you don’t? If there is the potential for a dispute, can you be objective?
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QUESTIONS? Kristin Yarish, Lawyer Field LLP 400 – 444 7th Ave. SW Calgary, AB T2P 0X
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