An executor generally does not have the authority to decide who gets what from the estate. Their main role is to ensure that the deceased’s assets are distributed according to the terms of the will or, if there is no will, in line with the laws of intestacy.
Here’s a breakdown of the executor’s responsibilities:
- Follow the will’s instructions: The will usually outlines how the estate should be divided. The executor must distribute the assets as specified.
- Handle debts and taxes: Before distributing assets, the executor needs to pay off any debts, taxes, and other obligations of the estate.
- Act fairly: The executor must act in the best interest of the estate and beneficiaries and avoid personal biases.
If there is no will, the executor must distribute assets according to the laws of the jurisdiction, which typically follow a set order of priority (e.g., spouse, children, etc.). However, they do not have discretion over how assets are divided.
If disputes arise, the court can intervene to ensure the will is followed correctly.
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