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Don't Get Into a Turf War After a Death

6 August 2021 by Kenneth Pierce

A loved one's death can bring a state of confusion and sadness to any family. The issues can become tense and emotional when loved ones begin to fight over how they should make decisions about important matters. After a loved one passes away, someone needs to take charge and lead the way when it comes to the funeral, burial, and disposition of the estate. To find out more, read on.

Final Wishes

No matter who might have been named the personal representative (or executor), there is a limited time with which to carry out the deceased's final wishes. Funeral and burial arrangements are best done with deference to close family members and with regard to any instructions left by the deceased. In some cases, the final arraignments are already made — the family just needs to locate the plans and carry them out.

Who Handles the Estate?

The local county probate court is officially in charge of the estate — meaning the assets and debts of the deceased. No will? That matters not at all because the probate court has plans for those who pass away without a will (intestate). In many cases, one of the first moves a probate judge will perform is to appoint someone to be the personal representative of the estate. If a will exists, the will is verified as the true and most recent version, and the person named to be the personal representative is approved.

If no legal will is filed with the probate court, the state dictates how the estate is handled and who receives the assets of the deceased. In most cases, that is the next of kin. All of this approving and verifying can take several weeks so, in the meantime, it's safe to say that no one is really in charge of the estate. That doesn't mean, though, that people can help themselves to estate assets or do as they wish. Be guided by the advice of the probate lawyer until things are set up.

Personal Representative Duties

The person named to administer the estate must be honest, smart, and reliable. Close family friends or family members may fit the bill. This person has to work alongside the lawyer for the estate at all times doing nothing without permission and instructions. If you notice a personal representative acting on estate matters without guidance, inform the probate court — particularly if they are doing so to benefit themselves. Expect to be kept informed by the personal representative, to be consulted on major decisions, and to be provided with a full financial accounting of all estate property during and at the end of probate.

To find out more about who is in charge of an estate, speak to a probate lawyer.

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