I've been asked to be the executrix of aunt's estate

[debodun]

What is the name of your state (only U.S. law)? New York

I received a telephone call from a friend of my late aunt who asked if I would handle my aunt's estate as an executrix. She passed away intestate last year. My father, who is deceased, was her eldest brother, but there is another aunt, an uncle, several cousin, and a step-son who are still living, but for various reasons can't or won't act as executor, if I understand the information communicated to me correctly. The friend also indicated that the funeral and the attorney handling my aunt's legal affairs still have not been paid and the attorney is threatening to drop the case if an executor cannot be found. Also, about all my aunt had in the way of assets was a modular home and whatever contents are in it. Since I have never done this sort of thing before, I wanted to know what would be involved on my part. Should I have the attorney get the other relatives to sign off on executor responsibilities so they can't come back on me later? Would I be responsible for paying the attorney and for the funeral out of my pocket? Should I go and see the attorney on my own? Any other suggestions?

 

[anteater]

Would I be responsible for paying the attorney and for the funeral out of my pocket?

Those can and should be paid from the estate assets.

Should I have the attorney get the other relatives to sign off on executor responsibilities so they can't come back on me later?

They would have the opportunity to object as part of the process of opening probate.

Should I go and see the attorney on my own?

Sure. It does not hurt.

But you can retain any attorney that you wish. And you are entitled to compensation for acting as the estate's administrator.

 

[debodun]

Thanks for the advice. What would be some good questions to ask the attorney?