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Estate Planning Newsletter

Management & Distribution of Property After Death

When a person dies, a personal representative must be appointed to manage and distribute the decedent’s estate.

Types of Personal Representatives

A personal representative is any of the following:

  • Executor – Someone who was chosen by the person who created the will (testator) to carry out the terms of a will after death.
  • Administrator – Someone who has been designated by the probate court to manage and/or distribute a deceased person’s estate.

Court Appointment

Other than situations where a person dies without a will (intestate), a representative may be appointed if:

  • An executor is not named in the will
  • The named executor is no longer alive
  • The named executor resigns or is incapable of handling the duties required of an executor

Standard of Care

In administering a decedent’s estate, the personal representative must exercise the same level of care that he/she would use in dealing with his/her own estate. The representative should use prudence and diligence in management of the decedent’s property.

Expenses

Personal representatives are usually reimbursed for any necessary out-of-pocket expenses. Such expenses may include:

  • Property management wages
  • Costs of attorney’s fees
  • Cost of surety bond
  • Property taxes
  • Homeowner’s insurance
  • Repairs made to the property

A personal representative is a fiduciary and may be personally responsible for any losses related to his/her neglect or mismanagement of a decedent’s estate.

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Law Offices of Christelle G. Clement is located in New York, NY and serves clients in and around New York, Long Island City, Brooklyn, Astoria, Sunnyside, Woodside, Maspeth, Middle Village, Jackson Heights, Bronx, Elmhurst, Ridgewood, East Elmhurst, Rego Park, Corona, Woodhaven, Jamaica, Bronx County, Kings County, New York County and Queens County.

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