How to Hire an Executor. For your loved one’s estate or your will.

E190 When Does the Executor Tell the Beneficiaries?

E190 When Does the Executor Tell the Beneficiaries?


When does the executor tell the beneficiaries? Once the court process starts, which is usually shortly after death.

We often get this question when our Solo Ager clients name me as executor in their will.

When does the executor notify beneficiaries?

No, the executor does not notify the beneficiaries upon you signing your will. This is a common concern. An executor only notifies the heirs after death.

When exactly? Usually during the court probate process. But sometimes informally before probate.

Example: if you best friend and beneficiary is working with me to coordinate funeral arrangements, it may naturally come up during conversation that she’s named in the will.

Otherwise, the executor notifies all beneficiaries by mailing them a formal court document.

mail boxes

What does an executor have to disclose to beneficiaries?

All beneficiaries in the will receive the same court form, which lists:

  • The names of all beneficiaries
  • A general description of what each beneficiary receives

For example: the form will not specify that Jane received your diamond ring, and John received $10,000. Instead, it will say something like “Jane received items of tangible personal property” and John “a cash bequest.”

Generally, the executor does not send beneficiaries a copy of the full will. However, he must send the will to any beneficiary who also happens to be a distributee (next-of-kin).

Note: if you have a trust-based estate plan, rather than a will, then the notification requirements are different. You can keep information as private as you like. 

Who else does the executor notify?

family-tree-blank

In New York probate court, the executor must send notice to your closest surviving family, even if you disinherited them in your will.

Your executor must serve a court document and a certified copy of the will on each surviving family. So any disinherited heir will definitely be aware they were cut out.

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E189 Can an Executor be Out-of-State?

E189 Can an Executor be Out-of-State?


No, it’s not a good idea to have an out-of-state executor. Although it’s technically legally allowed, in reality an out-of-state executor causes tons of problems.

Banking Problems

Opening the estate account

You probably think opening a bank account is a piece of cake. And you’d be right, if you were opening an account for yourself, personally.

bank kyc

But banking for an estate is a different animal. But an estate account has tougher “know your client” rules, and the executor often must meet with a banker in person, at a branch, to open an estate bank account.

Troubleshooting problems

When you have a problem with your personal bank account, these days you have limitless customer support options. Website, email, live chat, tweets, or call or walk in.

But with estates, you usually must walk into a branch and speak with a banker to get that missing statement or re-issue that 1099. And that can be a pain for an out-of-state executor.

Selling Real Estate

Clean out

Yes, cleaning out the home or apartment is part of the executor’s duties. For an out-of-state executor, this can mean several trips in and out of New York to supervise the clean out.

Closing

source: https-::www.c21redwood.rocks:blog:tag:highland-title

New York is one of the few states where most real estate closings are in-person, with all parties sitting around a table for a few hours.

Yes, it’s sometimes possible to close with an out-of-state executor by signing and FedEx-ing the documents. But if any problems popup (as they often do with estate sales), it’s better to close in-person, so the lawyers can troubleshoot any problems in realtime, and avoid an aborted closing.

Minor stuff (mail forward, etc.)

There are countless small executor tasks to get the home ready for sale. Forwarding the mail, small repairs, returning extra keys, conversations with the super, etc. All much easier to handle with a local, New York executor.

Travel restrictions

travel restrictions

Sometimes an executor simply cannot legally enter the US:

  • Unable to get a visa
  • Immigration problems
  • Quarantine or other travel restrictions

If any of these apply, the heirs may be better off hiring a New York professional executor, rather than a non-New York person.

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E185 How to Name a Bank as Your Executor

E185 How to Name a Bank as Your Executor


Want a professional executor, but prefer an institution such as a bank or trust company? Here’s what to expect.

The application process

Like all other bank interactions, you must complete lots of forms and paperwork. It’s a lot of documentation, it may feel like you’re applying to college all over again.

And just like applying for college, you may feel like you’re applying for acceptance. Banks do not accept all executor nominations, and they have internal committees to decide which estates they will serve.

Bank minimums

The lowest minimum I’ve seen is $1 million liquid assets, and it usually must be invest with the bank. But more usually the minimum will be in the range of $2-5 million, liquid and invested.

Trusts only

Anecdotally, we’re beginning to hear that banks prefer to accept trustee appointments, and not executorship.

Some financial institutions flat-out reject clients who ask them to serve as executor, even when that client has millions invested with them.

Apparently some banks have acknowledged that being an executor is tough work, and perhaps not worth it for them.

Customer (higher) fees

Most states have laws that set the executor’s compensation. But banks will usually ask you to sign a contract with it’s own fee schedule. Higher fees, of course.

Banks have many advantages (“immortality,” private client perks such as fine dining, tickets, etc.), just be aware of what it entails.

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E183 Did Her Estate Plan Work?

E183 Did Her Estate Plan Work? A Solo Ager Example


Let’s take a look at a real world example of whether a Solo Ager’s estate plan worked towards the end of her life.

Ms.H’s Plan: DIY Will + Professional Executor

Background

Ms. H is a solo ager (unmarried, no kids, over 60 years old) who’s been estranged from her closest relatives (siblings and nieces and nephews) for decades.

She made a do-it-yourself will leaving everything to charity. Thankfully, she hired a lawyer to supervise her will signing.

Ms. H named me her professional executor in her will, and over the past 10 years her wishes have remained largely the same.

Recently

Sadly, age has caught up with Ms. H, and she was recently hospitalized for lack of self-care. Her doctors agree they cannot discharge her to live alone anymore, so we’re making arrangements for Ms. H to move into assisted living.

take care of yourself

She’s understandably anxious about all this, and even contacted her long-estranged niece and asked her to visit.

What Went Right with Her Plan?

Ms. H avoided a few problems by naming me her professional executor.

First, she won’t have to deal with any “court-appointed strangers,” such as a guardian. Instead, she can turn to me, someone she’s chosen and has a relationship with.

Second, she felt comfortable reaching out to estranged family, without fear they’d try to sneak into her inheritance. Since Ms. H already has a will and an attorney-executor standing by, her niece has focused solely on reconnecting with Ms. H emotional, not financially.

And lastly, Ms. H’s doctors, hospitals, and social worker have all been grateful to have me as a main point of contact for her care.

What Went Wrong with Her Plan?

Her plan does have a couple of weaknesses.

Since an executor steps in after death, I don’t have authority to help Ms. H now. For example, I can’t help make financial arrangements for her to access a better assisted living. She much choose among the options thru Medicare.

Also, if unscrupulous and aggressive family comes out of the woodwork, I have fewer tools to fend them off. We’d have to battle in court, which could waste Ms. H’s time and money, and cause her stress.

Why a Trust Could Have Been Better

If Ms. H had made me trustee, I’d be better to avoid any court-appointed strangers for her. And more ability to upgrade her care, and deter unwanted family, without having to go to court.

Living trust and estate planning form on a desk.

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E182 3 Examples of How Co-Ops Are Worse (an Executor’s Perspective)

E182 3 Examples of How Co-Ops Are Worse (an Executor’s Perspective)


Most NYers know the deal with co-ops: they’s less expensive than condos, but they come with a lot of rules and headaches. Here are 3 real world examples:

  1. Last to unlock
  2. Quick to Sue
  3. Release of lien

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E181 3 Examples of a Professional Executor to the Rescue

E181 3 Examples of a Professional Executor to the Rescue


Today we’ll share a few recent examples of why folks were so happy and relieved to find me, and name me executor in their will

Today’s stories:

  1. Don’t want to burden the boyfriend
  2. Former co-worker as a last resort
  3. Relieving an old friend

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E178 Solo Agers and Hospice Care

E178 Solo Agers and Hospice Care


Talking Solo Agers and Hospice Care with Helen Bauer and Jerry Fenter from the Heart of Hospice podcast.

Helen shares her personal experience helping during a Solo Ager friend’s final weeks. And Jerry shares some Solo Ager statistics and what he learned from Solo Ager Facebook groups.

Links: http://www.theheartofhospice.com/

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E177 Yes, I Can Be Your Executor Outside New York State

E177 Yes, I Can Be Your Executor Outside New York State


I keep getting calls, asking me to be executor outside New York. I’m flattered, and honored, and yes AVAILABLE for that role.

  1. Locality becoming less important
  2. In-state agent requirement
  3. Reciprocal nonresident executor law

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E175 Amateur Executor Bloopers

E175 Amateur Executor Bloopers


We’ll share a few real-world amateur executor bloopers (of course, anonymized to protect our clients’ privacy)

  1. Choosing a disappearing banker
  2. The case of the missing $10,000 check
  3. “Oh yeah, taxes!”

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E173 Essential Retirement Planning for Solo Agers with Sara Geber Part 2

E173 Essential Retirement Planning for Solo Agers with Sara Geber (Part 2)

Talking “Essential Retirement Planning for Solo Agers” with Sara Zeff Geber. In part 2, we cover:

(1) The importance of social networks for Solo Agers, and
(2) Who can Solo Agers choose as their Executors, Guardians, and Custodians?