The WSJ "Grief, Then Paperwork: The Messy, Thankless Job of an Estate Executor" Article Hit Close to Home. Here's What We Think Will Benefit You

Posted by Kristin A. Hughes, JD | Oct 02, 2024 | 0 Comments

This was a widely read, well written story by Ashlea Ebeling and inspired us to share our take on topic.

When someone you love passes away, there's a flood of emotions: sadness, grief, sometimes relief that their suffering has ended, but always a deep sense of loss. However, amidst the heavy haze of mourning, there's a practical and often overlooked duty that looms: managing the estate. This role falls on the shoulders of the executor, often a close family member or friend, already burdened with their own grief. But instead of the time to heal and process emotions, executors are left to deal with endless paperwork, phone calls, and legal complexities.

It's a messy, thankless job. It strains relationships, tests patience, and comes with a steep emotional toll. There's nothing simple about closing the chapter of someone's life. And for the executor, it feels like a mountain of tasks that never seem to end.

The Role of an Executor: A Job No One Truly Wants

When you're named the executor in a will, you're essentially being handed a role that most people wouldn't take on voluntarily. It's a position of trust and responsibility, yes, but it's also one that comes with an overwhelming amount of work. You have to make sure the deceased person's wishes are carried out, all while handling financial matters, legal responsibilities, and the family dynamics that inevitably arise during such times.

Being an executor is often a role filled with love and duty, but it comes with a price. The messy reality of being an executor is that you're stepping into someone else's shoes and trying to manage their entire financial world – a world that might be complex, unclear, or even disorganized.

The Many Responsibilities of an Executor

Here's what you're stepping into if you're chosen as the executor:

  1. Locating and Filing the Will: The first step is finding the will and filing it with the probate court. Depending on where the deceased lived, probate laws can vary significantly. It can be a relatively simple process or an exhausting one.
  2. Gathering and Managing Assets: From homes to bank accounts to personal belongings, you have to locate and manage all the assets the deceased left behind. Sometimes, assets are scattered across multiple states or even countries, adding another layer of complexity.
  3. Paying Debts and Taxes: An often-overlooked duty is the responsibility to pay off the deceased person's debts. This can include medical bills, credit cards, mortgages, and other liabilities. On top of that, you'll have to file the deceased's final tax return and deal with any estate taxes.
  4. Handling Legal Issues: This is where it can get really tricky. Some estates are relatively straightforward, but others involve disputes over the will, challenges from disgruntled heirs, or complications like dealing with business ownership. Each of these issues requires legal expertise, time, and sometimes a lot of patience.
  5. Distributing Assets: Once debts and taxes are settled, your job is to distribute the remaining assets according to the terms of the will. This can be particularly challenging when the will isn't specific, or if there are disagreements among the heirs.
  6. Keeping Records: You'll need to keep careful records of everything you do – every bill paid, every asset sold, every decision made. This documentation can become vital if anyone questions your actions or if the estate goes through litigation.

The Emotional Weight of Being an Executor

On paper, these tasks may seem like a checklist, but in reality, they're anything but straightforward. Grief doesn't just go away because there are bills to pay or assets to sort. Often, the executor is a spouse, sibling, or child of the deceased, navigating their own mourning while dealing with endless paperwork, lawyers, and complicated family dynamics.

It's not just about the paperwork; it's the emotional weight of every task. Sorting through a lifetime's worth of belongings, having to decide what stays, what goes, and who gets what. It's about balancing your sense of duty with the resentment that sometimes creeps in as the workload builds.

Strain on Relationships

This role can also deeply strain relationships. Families are often pulled apart by grief, but add in the complexities of handling an estate, and emotions can run high. Disagreements over who should get what, perceived favoritism, or disputes about how the estate is being managed can cause rifts that sometimes never heal. Being caught in the middle of those conflicts – while trying to do the right thing – can be overwhelming.

The Thankless Nature of the Job

Perhaps one of the hardest parts of being an executor is how thankless the role can be. You're often putting in hours of work – sometimes months or even years of effort – without any recognition. And when family members don't agree with decisions, you may find yourself facing criticism and blame, rather than appreciation.

A Burden that No One Talks About

While the title “executor” sounds prestigious, in reality, it's a role most would rather not take on. It's a heavy burden, often thrust upon someone who is already in the middle of mourning. It requires a mix of legal knowledge, emotional resilience, and financial savviness. And even with all those skills, it can still feel like an uphill battle.

If you've been named an executor or expect to take on this role in the future, know that it's okay to seek help – from professionals, lawyers, or even mediators when family conflicts arise. It's not a role you need to carry alone, and it's okay to admit when the weight becomes too much.

Because at the end of the day, managing someone's estate isn't just about distributing assets – it's about navigating a person's life story and closing a chapter. And that's never easy.

Why You Should Hire an Attorney or Professional to Handle Estate Administration

Being named the executor of an estate is a heavy responsibility. While it may seem like a personal, family-driven role, the complexity of settling someone's affairs can quickly spiral into a mountain of legal, financial, and emotional challenges. It's not uncommon to feel overwhelmed by the process. That's why many people choose to hire an attorney or a professional to assist with or completely handle estate administration. Here's why:

1. Navigating Complex Legalities

The probate process is governed by state laws, and these can vary greatly depending on where the deceased lived or where assets are located. Probate courts require specific forms, deadlines, and legal documentation, and failing to meet these requirements can delay the process or lead to costly mistakes. An experienced attorney ensures that every step is completed properly and on time. They can also interpret any complicated legal language in the will or other estate documents and advise on how to handle legal disputes that may arise.

2. Avoiding Costly Errors

It's easy to make mistakes when you're not familiar with probate law or estate administration. Errors in tax filings, mismanagement of assets, or failing to identify all of the deceased's debts can have significant financial consequences. An attorney helps prevent these errors by providing a clear roadmap for the process and ensuring that all requirements are met. They can also handle communication with creditors and the court, reducing the chance of missteps along the way.

3. Handling Family Disputes

Death can bring out unexpected emotions in even the closest families. Unfortunately, this sometimes leads to disputes over the distribution of assets, interpretations of the will, or perceived favoritism. These conflicts can cause deep rifts and prolong the probate process. Hiring a neutral third party, like an attorney, can help mitigate conflicts. They can act as a mediator, ensuring that the will is carried out according to the law, rather than emotions. Attorneys also have the authority and knowledge to handle challenges to the will or disputes between heirs, saving you from the strain of navigating those conflicts alone.

4. Expertise in Taxes

Managing the tax responsibilities of an estate is one of the most confusing and critical duties for an executor. This includes filing the final income tax return for the deceased, managing estate taxes, and ensuring all debts and liabilities are paid. An experienced attorney, or a tax professional, can take on these complicated calculations, ensuring that taxes are correctly filed and that the estate doesn't end up with penalties or unexpected tax burdens. This is especially important if the estate has significant assets or complex financial matters like business ownership or investments.

5. Saving Time and Reducing Stress

Settling an estate can be a long, drawn-out process, taking months or even years to complete. If you're already balancing personal grief, a job, and family obligations, adding the complexities of probate on top can be overwhelming. Hiring a professional to handle the process streamlines the administration, helping to move it along efficiently. With an attorney at the helm, you won't have to spend endless hours gathering documents, tracking down creditors, or navigating legal forms. This not only saves you time but reduces the stress of trying to figure out everything on your own.

6. Managing Debts and Creditors

One of the biggest challenges for executors is dealing with the debts of the deceased. Before any assets are distributed, these debts must be paid off, whether they include medical bills, credit cards, mortgages, or personal loans. If these debts aren't handled correctly, creditors can come after the estate or even heirs later on. An attorney will ensure that debts are properly managed and paid, working with creditors to negotiate or resolve any disputes.

7. Protecting Yourself from Legal Liability

As an executor, you have a legal responsibility to act in the best interests of the estate and its beneficiaries. If a mistake is made, or if someone perceives that you've mishandled funds or assets, you could be held personally liable. By hiring an attorney, you can shield yourself from many of these risks. The attorney will help ensure that you meet all your fiduciary responsibilities and stay within the boundaries of the law. Having professional guidance greatly reduces your chances of facing legal action or accusations of mismanagement.

8. Efficient Asset Distribution

Distributing assets may sound simple, but it's often one of the most emotionally charged and complex parts of estate administration. Certain assets may need to be sold, business interests managed, or beneficiaries tracked down. Handling these processes on your own can be overwhelming and leave you open to criticism from heirs. An attorney can handle these tasks with a clear, unbiased approach, ensuring the correct distribution of assets according to the will and state law.

9. Handling Complex Estates

If the estate involves business ownership, foreign assets, multiple properties, or any other complex financial holdings, it becomes even more critical to have a professional involved. Complex estates often face unique legal and financial challenges that go beyond the scope of what an executor can manage without help. Professionals can guide the process smoothly, ensuring that even the most intricate aspects of the estate are handled correctly.

10. Peace of Mind

Perhaps the greatest benefit of hiring an attorney is the peace of mind it brings. Instead of spending your time and energy worrying about every detail of the estate, you can rely on a professional who knows the process inside and out. You'll have confidence that the estate is being handled efficiently, legally, and with the deceased's wishes in mind. And that peace of mind is invaluable, especially when you're already coping with the emotional toll of losing a loved one.

In Conclusion:

While handling the estate of a loved one may feel like a personal duty, it doesn't have to be a solo effort. Hiring an attorney or professional to assist or take over the administration process can alleviate the stress, legal risks, and emotional strain that often accompany the role of executor. By trusting in a professional's expertise, you not only protect yourself from errors but also ensure that the estate is handled with care, efficiency, and respect.

The WSJ "Grief, Then Paperwork: The Messy, Thankless Job of an Estate Executor" By Ashlea Ebeling | Photographs by Nick Schnelle for WSJ  https://www.wsj.com/personal-finance/grief-then-paperwork-the-messy-thankless-job-of-an-estate-executor-6bb1e228?reflink=desktopwebshare_permalink

About the Author

Kristin A. Hughes, JD

ATTORNEY & COUNSELOR AT LAW | Kristin is one of those people with the gift for bringing people together. Dedicated to helping families through life transitions and challenges, Kristin and her team find solutions. She concentrates her practice in the areas of estate planning, guardianships and conservatorships, elder law, and probate and trust administration. Kristin received her BA from Michigan State, JD from U of D Mercy.  Never one to sit on the sidelines, this mother of three, took up ice hockey and horseback riding in her 30's. 

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