Legal Blog

The Weekly Scenario: Executor of an Estate

Question: I would like to draft a simple Will, but I have no one who I wish to appoint as Executor of my Estate. I’m thinking about having the Orphan’s Court appointed as Executor of my Estate. Is this permitted? Answer: Neither the Orphan’s Court nor the Register of Wills is able to act as Executor of your estate. It is not the role of the Court to act as your Executor. However, if you were to die intestate (without a Will), the Court would appoint an Executor of your Estate and this person may or may not be the person you wish to handle your affairs. Comment: It is best to seek professional advice in preparing these important documents. While some people do end up preparing their own Will, it is beneficial to have guidance in this area to avoid any pitfalls. I recommend having a Will that appoints an Executor (Personal Representative) of the estate to handle your affairs.

ABOUT STEVE SHANE

Steve Shane Head Shot for webSteve Shane provides strategic counseling to clients in need of estate administration, charitable giving and business continuity planning while minimizing estate, gift, and generation-skipping transfer tax exposure. He offers legal guidance to clients on asset protection and the proper disposition of assets in accordance with the client’s objectives, while employing tax planning techniques such as the use of irrevocable trusts, life insurance planning, lifetime gifts and charitable trust. He is also experienced with drafting documents for business planning, the incorporation and application for exemption for Private Foundations and the administration of decedents’ estates. You can also connect with Offit Kurman via Facebook, Twitter, Google+, YouTube, and LinkedIn.

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