Before my brother passed away, he told me I was the Executor in his Will. What do I do now?
We’re sorry for your loss. As the Executor of your brother’s Estate, you have several responsibilities to ensure his affairs are settled according to the law and his wishes.
In Maryland, we use the term “Personal Representative” instead of “Executor”. If your brother named you as his Personal Representative, that means he trusted you immensely and knew you would be the best person to manage his hard-earned money, possessions, and legacy.
Ask yourself these TOP 5 questions:
- Can you locate his original Will? It is extremely important to have the original Will and any original codicils or amendments, not just a copy.
- Can you obtain a Death Certificate? Death certificates are required for the Probate process and ensure the Court has important details about a person’s death and any surviving heirs.
- Are you familiar with Probate? Probate is the judicial process of distributing a deceased person’s assets. A Probate Estate must be opened if your brother owned property in his sole name without a surviving beneficiary or if he jointly owned property without rights of survivorship. As Personal Representative, you are responsible for identifying, collecting, valuing, and eventually distributing his assets. You must also complete and file numerous court forms, tax returns, and may be required to attend court hearings.
- Have you consulted a Probate attorney? Although you were nominated to be Personal Representative in the Will, you must still petition the Court to be officially appointed. You should meet with an experienced Probate attorney to assess the scope of the Estate and the next steps to take. The law firm you hire can then monitor deadlines, complete and file all paperwork, and represent you if anyone sues the Estate. Attorney Clark has been working on Probate matters for 20 years, and we will be happy to help you.
- Do you have any information about your brother’s assets and if they had beneficiaries? Consider his bank accounts, retirement accounts, brokerage accounts, houses, vehicles, and personal property, among other things. It is normal not to have much information immediately after his passing, but you should not let that stop you from meeting with a Probate attorney.
It is great that your brother had a Will, but if he created a Revocable Living Trust, his Estate may not have gone through Probate. It’s not too late for you to create a Trust for yourself to help your family avoid Probate after you are gone. Our office handles Estate Planning and Probate matters exclusively. You can call us at 301-696-0567 or self-schedule online at lenaclarklegal.com.
