Does An Executor of a Will Get Paid for His Time?
Video Summary
Does an executor of a Will receive pay or are they entitled to be paid? The answer is yes. Under our Florida statute, it provides that the executor presume a reasonable fee is 3% of the assets of the estate. Also, when dealing with executors, particularly with small estates, that may be complicated, I suggest they keep track of their time rather than trying to rely on the 3% because that may not adequately compensate them for what’s involved as far as researching matters and then have them compensated for whatever time they spend on that. And depending on what jurisdiction you are in or what county you’re in, is what hourly rate would be justified for their efforts. As far as serving as the executor and whatever the fee is, is also up to the beneficiary. Since any beneficiary who’s receiving a residual portion of the estate bears the impact of the fee, it’s subject to the beneficiaries objecting to it. So many times, if the executor is also a beneficiary of the estate, they would waive that. Since it’s taxable income, since they’ll be receiving it, the money has a beneficiary of the estate. So if you have any questions about it, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos, Wills
Do Wills Have to Be Probated?
Video Summary
Do Wlls have to be probated? The question of whether or not there’s probate or not is whether or not they died with assets in their name without a beneficiary. If there are assets that are in the decedent’s name and don’t have a beneficiary such as real estate their home, then yes, the will has to be probated and that the will directs who the beneficiary of the estate will be and moreover indicates who the executor or personal representative would be in order to administer the estate and give notice to creditors and complete the administration of the estate. If you have any questions about probate or your Will, give me a call at (727) 847-2288.
How Can I Find a Will?
Video Summary
How can I find a Will? Well, whenever someone passes away, I usually recommend that the children or the personal representative of the decedent go through the records of the decedent to see if they can’t find a copy of the Trust. Hopefully the people did prepare one, but they’re not filed with the clerk of the court. So you look through the records of the decedent to see if you can’t locate the original Will. If there is an original Will, and whoever has it is supposed to file it with the clerk of the court and whatever county the decedent passed away in Florida. And then once it’s filed, it is public record, and anyone can access it by contacting the clerk of the court. Also, if you believe that there is a Will and however the person has not filed a probate proceeding, you can contact an attorney and file what they call a caveat so you’re notified if they in fact file a petition to have the Will admitted to probate. Sometimes, wills are not filed with the court and all the assets are jointly held or all the assets have beneficiaries. If you have any questions, give me a call to (727) 847-2288.
How Easy Is It to Set Up POD On Bank Accounts, What’s Involved?
Video Summary
How easy is it to set up a POD on a bank account? The POD stands for “payable on death”, and it is very easy. All you must do is contact the bank where you maintain your account, or if you’re going to open an account, tell them that you wish to put a payable on death or a POD designation on the account and give them the names of who you wish to receive these accounts. Upon your death, they will prepare a signature card and then you simply sign the new signature card. Various banks have various requirements. I’ve heard of some where they’re asking for the social security numbers of the beneficiaries, but the beneficiaries would not usually do not have to sign the signature card since they would have no interest in the account until such time as you pass away, but it’s up to the individual banks, but it should be very easy to do simply by signing the signature card. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos, Wills
How Do I Obtain a Will?
Video Summary
How do I obtain a Will? I’m assuming that you want to know how you personally can obtain a Will to do your estate planning or designate who you wish to receive your assets as very simple as you simply contact a local attorney in whatever state and city you’re in and set up an appointment or contact them about preparing a Will, designating who you want to receive your assets. There are even other companies that you can contact to say that they can prepare those. I’m not a real big fan of that, but they are available. There is certain formalities that the Will must be executed in order for it to be valid, which sometimes may be a problem in using a technology company as far as that’s concerned or ordering the Will online. If you want to know how you could obtain a copy of someone else’s will, that’s a whole new problem. You’re not entitled to see the Will until they die, and then it is filed with the clerk of the court in whatever county they passed away. After it’s filed with the clerk of the court, it’s public records. If you have any questions, give me a call at (727) 847-2288.