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Protecting Your Legacy

The probate process can be difficult on grieving executors

by | Dec 16, 2019 | Probate & Estate Administration |

Taking time to grieve after the death of a loved one is important. Of course, grief does not always mean that all other activities can be put on hold indefinitely. In particular, if a family member has been named the executor of the remaining estate, he or she has the obligation of starting the probate process and seeing it through to completion.

Many Texas residents in this position may find it difficult to get started for a number of reasons. After all, the executor will need to ensure that funeral arrangements are addressed and that the costs are covered by the estate. As a result, the executor must jump into action almost immediately after the loved one’s passing. It is also necessary for him or her to obtain copies of the death certificate to present to necessary entities to receive insurance proceeds, to stop government benefits and for other actions.

Additionally, the executor must also protect the remaining estate assets. In some cases, this particular responsibility can be difficult because the assets may need protecting from other family members. A surviving loved one may not think it is a big deal to take a small item from the decedent’s home before probate is complete and may feel offended that the executor would stop such an action. However, it is necessary.

Being the executor is not necessarily a glamorous position. Other loved ones who do not understand the probate process may feel that the executor is taking too long or should not tell other loved ones how the estate’s final affairs should be handled. However, the executor has a duty to the estate, and in order to ensure that duty is handled properly, Texas executors may want to enlist the help of experienced attorneys.