3 Tips For Communicating With Family Heirs During Probate
As the executor to a will for a family member, you have many responsibilities: inventorying and appraising assets, paying debts and taxes, and potentially selling valuable real estate.
However, you may also experience the challenges of family members who may have their own ideas of how the probate should proceed. Family members tend to come to probate matters with their own histories, and sometimes this affects their level of trust in the probate process. Effective communication is key to smoothing out potential bumps in the probate process.
1. Establish good communication from the start
One of your first responsibilities as Executor or Administrator will be notifying all beneficiaries and heirs that the deceased has left them in their will (or died without a will, as the case may be). It is important to set expectations. For example, there are often long wait times in the probate process where not much happens. It is useful to let potentially anxious heirs know about these waiting periods. An experienced probate attorney should be able to assist you in communicating effectively and properly with family members.
2. Maintain meticulous estate records
Before you can distribute assets, you must make a full inventory and appraisal of estate assets, pay outstanding estate debts and complete final tax obligations. You are responsible for keeping records that may be reviewed in case any questions arise. You may not need to share the records with beneficiaries and heirs, but having them on hand and organized is invaluable when issues come up.
3. Keep interested parties in the loop
When taking major steps, like selling a home or other valuable asset, make sure to let beneficiaries know your process and keep them informed about the progress of the sale. In fact, in some cases (like selling a home) you must provide notice to the beneficiaries, even if you have full powers under the Independent Administration of Estates Act.
As Executor or Administrator, you have an important fiduciary duty to follow the wishes of the deceased (or the law, where the deceased did not leave a will) and to act in the best interests of the beneficiaries. You also have a duty to treat all beneficiaries equitably, even if the beneficiary is an anxious person with trust issues. Radiant Probate & Estate Law, Inc., was founded by Gadi Zohar, who is also a Licensed Marriage and Family Therapist.* His experience influences how we address family communication.
* Radiant Probate & Estate Law, Inc does not provide professional psychotherapy or psychological counseling.
