Different rules apply for distribution of an estate, depending on whether the deceased person died with or without a Will. The executor’s powers to administer and distribute estate assets will depend on the terms of the Will and the powers given to the executor under the Will. If there is an intestacy (no Will), the executor will need guidance on the scope of his or her authority at law.
We have helped executors to understand the scope of their legal authority and comply with their legal obligations to beneficiaries when distributing estate assets or calculating and establishing each beneficiary’s interest in the estate.
We advise executors on the proper timing for the distribution and collecting the appropriate approvals and releases from the beneficiaries.
In cases where the executor is directed to hold estate assets in trust, we provide the executor/trustee with ongoing guidance on his or her duties and responsibilities as trustee.