This is the next article in our series on the requirements of an executor during a Connecticut probate. Our last article discussed the fiduciary duties of an executor. It is important to understand that when one is thrust into this role then they have an obligation to act on behalf of the heirs’ best interests. Failing to do so can result in liability on the part of the executor. This article will expand upon our last discussion by explaining reasons why it can be in the best interests of one to retain an attorney to assist them. If you find yourself in need of help then contact our office today to speak with a Hartford probate lawyer.
One of the primary reasons why executors should retain counsel is that they are often required to balance the role against many other obligations. There is never a good time for a loved one to pass away and life’s obligations do not stop when one has been designated in a last will and testament to handle an estate. Trying to manage the obligations of executorship with one’s own obligations of work, family, and personal commitments can be overwhelming. This, in turn, can lead to matters “falling through the cracks” or the handling of the estate being delayed. Experienced counsel will guide an executor through the process, help them understand the action items which need to be handled immediately, and will work to ensure that the process goes as smoothly as possible.
A second reason to retain counsel is that the handling of medium-sized and larger estates can quickly become complex. Inventorying all assets, identifying all potential creditors and lienholders, and the filing of tax returns can be highly involved processes. This is especially true if the deceased owned a business or invested in real estate. Furthermore, the liquidation of such assets can involve the use of numerous professionals (such as asset evaluators and realtors) and this can result in having to deal with a large number of individuals. An experienced probate attorney will typically have existing relationships with accountants, tax professionals, and real estate professionals which can be leveraged in order to facilitate the handling of the estate. Having counsel, in other words, can help prevent the executor from having to find and hire numerous professionals on their own.
A third reason to hire a lawyer is that it is one of the best ways to ensure against potential liability. What seems like an honest mistake, or a simple misunderstanding of the law can result in delay and/or financial losses on behalf of the heirs. Depending on the circumstances, this can result in the executor having to incur significant legal fees or, worse, their facing liability for damages incurred by the heirs. Having counsel is one of the best ways to ensure that deadlines are being met, that procedures are being followed, and that important details are not being missed. When hiring counsel, it is suggested that one retain a firm with multiple attorneys and which also has substantial experience in such matters.
If you have been called upon to serve as an executor of an estate then contact our office today to speak with a Hartford probate lawyer. Our firm employs multiple attorneys, and we will give your case the attention it deserves. This includes making sure you know what to expect as the matter moves forward and making ourselves available to answer your questions. Contact us online or by telephone today to schedule an initial consultation. We look forward to speaking with you. We also service the Connecticut areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
