Legal Question in Wills and Trusts in Idaho

responsibilites of an executor

I would like to know of a good web site to learn the responsibilites of being the executor of my father-in-laws will. I know absolutly nothing regarding this subject and need to at least know the basics...what taxes are involved, when there is property that needs to be sold, cash left in the accounts, bills that are owed by the deceased, executor fees and proper edicate in this field. There are a total of six people who are to inherit this estate, so there are issues regarding how to split it all up accordingly. Also, there is a son, not mentioned in the will, who we are to take a share for (as per verbal request by the deceased) and send to him monthly as he is unable to handle his own finances. We need to know how to handle the tax situation here as well.

Thank you in adavance


Asked on 1/07/03, 4:29 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: responsibilites of an executor

I strongly suggest you hire an attorney so that you can do the probate properly. However, should you want to do this yourself, I will give you the Idaho Code sections you should review that you must follow in performing your duties as PR. I assume that the Probate has already been filed. also to do this right you should probably file for an informal probate that can be done without court intervention. However, you must follow: 1. Go to Idaho Code section 15-3-705 setting forth the duties of the PR (personal representative). 2. 15-3-708 for duties re: supplementary inventory; 3. 15-3-709 re: possession of the estate; 4. 15-3-710 for the power to avoid transfers; 5. 15-3-711 for additional powers regarding ownership of the property; 6. 15-3-712 for improper exercise of and breach of your fiduciary duty; 7. 15-3-713 regarding conflicts of interest for the PR; 8. 15-3-714 re: protection of persons dealing with PRs; 9. 15-3-715 for transactions autorized for PRs; 10. 15-3-720 for expenses in estate litigation; 11. 15-3-721 re: the hiring of agents to help you in the administration of the estate; 12. 15-3-801(suppl) for the duty to notify creditors; IN SUMMARY, YOU CAN'T DO THIS YOURSELF. YOU NEED TO HIRE AN ATTORNEY TO REPRESENT YOU AND THE ESTATE TO DO THIS PROPERLY. I give a free half hour consultation in my office teleph # 208-345-3817. DO NOT TRY TO DO THIS YOURSELF!!!!!

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Answered on 1/08/03, 12:38 pm


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