Can an executor of a Will be a beneficiary in NY?

Can you Choose an Executor Who will also be the Beneficiary? Beneficiaries under your will are allowed to serve as your executor(s). In fact, it is common for testators to name one or more beneficiaries as their executor/co-executors, and/or successor executors.

Can the executor of a Will be named in the Will?

The short answer is yes. It’s actually common for a will’s executor to also be one of its beneficiaries. This makes sense, as executors are better able to perform their duties when they are familiar with the decedent’s situation. The probate court system actually favors beneficiaries serving as executors in some cases.

What is the normal fee for an executor of a Will in New York?

The commission rate in New York for each Executor is 5% on the first $100,000 in the estate, 4% on the next $200,000, 3% on the next $700,000, 2-1/2 % on the next $4,000,000 and 2% on any amount above $5,000,000.

Can you decline to be executor?

One can refuse to be an Executor and the Court will then have to appoint a different person. Most persons nominated, however, do accept the obligation imposed, usually because the testator was a friend or relative who relied upon them to carry out their wishes.

Who is the New York executor of an estate?

If you are named as an executor of a loved one’s estate it is important to contact an experienced New York executor duties and responsibilities lawyer at the Law Offices of Stephen Bilkis & Associates.

Can a person named in a will act as an executor?

The person named in the Will as the Executor has the legal authority to act only after the Will is admitted to probate. The cost and expense of probate in New York State can be minimized if the beneficiaries and the Executor are prepared for the process.

Can a lawyer serve as both executor and counsel to an estate?

Most clients anticipate that the designated attorney will serve as both the Executor and counsel to the Estate, unless another attorney is needed for any reason, such as counsel to handle the ancillary administration of the Estate in another state, or when a conflict may arise between the Executor and the Estate.

Why do you need a will to choose an executor?

One important reason to have a will is to be able to name your executor (also called a personal representative). An executor is the person responsible for managing the administration of your estate after you die. If you don’t choose an executor, the court will choose one for you.

Who are the executors of a will in New York?

(c) absent execution of a disclosure acknowledgment, the attorney who prepared the will, a then affiliated attorney, or an employee of such attorney or a then affiliated attorney, who serves as an executor shall be entitled to one-half the commissions he or she would otherwise be entitled to receive; and

What are commissions of attorney-executor in New York?

Commissions of attorney-executor. 1. Disclosure. When an attorney prepares a will to be proved in the courts of this state and such attorney, a then affiliated attorney, or an employee of such attorney or a then affiliated attorney is therein an executor-designee, the testator shall be informed prior to the execution of the will that:

Where can I get an attorney for an executor?

If you are an executor who needs representation in an estate matter, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 718-509-9774 or send us an email at [email protected].

What are the duties of an executor in a will?

While the executor must use the will to guide how he (or she) carries out his duties, New York law defines the duties and responsibilities of an executor as a fiduciary to the decedent’s estate.