Ruggiero Law Offices LLC

Choosing an Executor
Factors to consider:

1.  Is the proposed executor familiar with your business and investments.

2.  Is the proposed executor at least eighteen years of age.

3.  Is or is it likely that the proposed executor will become a nonresident of Pennsylvania.
     NOTE: While there is no legal bar to a nonresident serving as executor, he or she may be less effective in managing the estate than a local executor. Communicating with a nonresident executor results in delays in the administration of the estate and considerable inconvenience and additional expense for the attorney of the executor.

4.  Is the proposed executor willing to serve as executor.

5.  Is the proposed executor mentally and physically capable of performing all duties of executor, such as: 

    A.  Locating all tangible and intangible assets of estate. 

   B.  Identifying transfers of property by decedent outside of will that generate death taxes payable by estate. 

   C.  Obtaining access to safe deposit box. 

   D.  Taking possession of all estate assets. 

   E.  Arranging for insurance policies necessary to protect estate. 

   F.  Collecting all estate assets. 

   G.  Maintaining complete record of all income and expenses.

   H.  Preparing inventory of estate. 

   I.  Determining validity of and paying all claims against estate. 

   J.  Managing all real property owned by estate and keeping it in proper repair. 

   K.  Managing decedent's business interests, if necessary

   L.  Selling assets as required 
 
   M.  Making investments for the estate.

   N.  Preparing all state and federal tax returns necessary, including foreign income. inheritance. and estate tax returns.

   O.  Paying all taxes and administration expenses.

   P.  Preparing accounts.

   Q.  Distributing assets of estate to beneficiaries.

NOTE: It is important that the executor have the judgment, experience, and ability necessary to perform his or her duties under the supervision of qualified professionals. The executor must maintain some active role in the administration of the estate; he or she cannot delegate to another the performance of a duty involving the exercise of discretion and judgment.

6.  Whether appointment of proposed executor may cause resentment on part of any beneficiaries of estate.

7.  Whether conflict of interest may exist between proposed executor and beneficiaries of estate or with estate itself.

8.  Whether proposed executor will he able to spend time necessary to fulfill fiduciary duties.

9.  Determine whether proposed executor is willing to serve without compensation.

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