I’ve Been Named an Executor in a Loved One’s Will. Now What?
Shaved Asparagus Salad
Naming an executor for your estate in your Last Will and Testament is an important decision. You must choose someone who is responsible, understands your wishes, and is patient enough to carefully move through the probate process. (Also, if you don’t choose, the court may ultimately choose for you after your death.)
Inspired by ACoupleCooks.com
Tangy citrus and salty Parmesan cheese complement earthy, fresh asparagus, a favorite spring vegetable with a short growing season.
When the roles are reversed and you’ve been named in a loved one’s will as the executor of their estate, it’s important that you understand just how significant your job is.
INGREDIENTS • 1 lb asparagus spears • 1 tbsp lemon juice • 1 tsp Dijon mustard • 3 tbsp extra-virgin olive oil • 3/4 cup Parmesan cheese, grated
As the executor of an estate, you ensure that the steps and wishes outlined by the decedent in their Last Will and Testament are met, but you must understand that you are not legally allowed to carry out any of the wishes set forth in a will until an estate has been opened and you have been formally appointed the executor by a probate court judge after the decedent’s passing. Taking any action without court approval — including tasks like giving heirs their inheritance and paying taxes or other bills — could land you in serious legal trouble and further stall probate. You may think you’re doing the right thing by following the decedent’s will without opening up an estate in probate court, but you are not. You’re actually setting yourself up for unnecessary scrutiny by both the courts and beneficiaries of the will and are potentially subjecting yourself to individual liability for taking action without proper legal authority. The probate process typically takes anywhere from 9–15 months, so you may serve in this role for a while. That being said, there are two steps you can take prior to and during probate that can both simplify and expedite the process. Step 1: Gather important documents and information. Part of your job as an executor involves locating and collecting sums of money in the decedent’s bank accounts. This endeavor will require gathering personal and financial information, including logins, account numbers, bank statements, and other details. As the executor, you will likely have access to the decedent’s personal and financial information, so gather what you can as soon as you can and stay organized. Routinely check the decedent’s mail to obtain bank statements, bills, or other important documents. Create a list of all known estate assets (including houses and bank accounts) and debts (any unpaid bills the decedent owed at the time of his or her death, including mortgages on a home). If possible, try to locate tax returns the decedent filed for the last couple years of their life. You may need this information moving forward. Step 2: Seek legal guidance. Whether you rely on the attorney who prepared the decedent’s will or you work with your own legal counsel, seeking legal counsel is one of the best choices you can make, and you should do so as soon as possible. A probate attorney will have the knowledge and experience to guide you through this often complicated and ever-changing process. They can help you avoid legal and personal trouble all while ensuring your loved one’s wishes are properly carried out. Our probate and estate planning team at Douglass & Runger are happy to help anyone seeking advice on choosing or acting as an executor. Contact us today and learn more about our other legal services by visiting DouglassRunger.com.
• 1/2 tsp kosher salt • 1/8 tsp red pepper flakes • Freshly ground black pepper, to taste
DIRECTIONS
1. With a vegetable peeler, shave each asparagus spear from tip to base. This is easiest to do if the asparagus is on a flat surface. 2. Place shaved asparagus in a bowl and blot off excess moisture with a paper towel. 3. In a separate bowl, make a vinaigrette by whisking together lemon juice, Dijon mustard, and olive oil. 4. Pour vinaigrette over shaved asparagus and add Parmesan cheese, salt, red pepper flakes, and black pepper. Toss to combine. Taste and adjust seasonings. INSPIRATION “I don’t want to get to the end of my life and find that I lived just the length of it. I want to have lived the width of it as well.”―
–Diane Ackerman
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