Executor of will
I strongly doubt that being executor will make the assets of the estate vulnerable to a suit against him personally. The estate is it's own separate legal entity with its own TIN. Only creditors against the estate itself can make claims against it and after all creditors are paid, then the balance is distributed in accordance with the terms of the will. Unless he has commingled assets and treated estate assets as his own, the legal separation should be quite strong.  Whether his personal assets are at risk, remember that the opposition will likely overstate their case to try to scare him into settling. If the business was organized as an LLP or LLC, his personal assets should be pretty safe. If it was a sole proprietorship, he has occasion to worry. The creditors will not be able to go after his father's estate (assuming the father had nothing to do with the business), but at some point, the estate will be divided up. At that point, any money or assets that your husband inherits will be fair game, as they are now your husband's money or assets. I want to be clear; it's nothing to do with your husband being executor (or co-executor) of the estate. This does not contradict zeta-band's earlier answer; Zeta-band is talking about the estate before it is divided up, I'm just pointing out that there may be issues after it is divided up.
"Most states have a ""cap"" on the amount a ""heir finder"" can charge for retrieving the property.  It is generally around 10%.  Even if the state does not have a particular statute you can usually negotiate the rate with the company.  Thirty-percent is extortion, if they won't do it for less, someone else will." Stephen G. Price is knowledgeable in handling asset division issues while ensuring that you meet all legal obligations. Allow us to assist you in going through the complex financial issues you will have to face, such as pension entitlements and capital gains. http://stephengprice.com/divorce-separation/ The company may not permit a transfer of these options. If they do permit it, you simply give him the money and he has them issue the options in your name.  As a non-public company, they may have a condition where an exiting employee has to buy the shares or let them expire.  If non-employees are allowed to own shares, you give him the money to exercise the options and he takes possession of the stock and transfers it to you.  Either way, it seems you really need a lawyer to handle this. Whenever this kind of money is in motion, get a lawyer.  By the way, the options are his. You mean he must purchase the shares, correct? I agree with the comments so far. Access doesn't equal ownership. There are also different levels of access. E.g. your financial advisor can have access to your retirement account via power of attorney, but only ability to add or change things, not withdraw. Another consideration is when a creditor tries to garnish wages / bank accounts, it needs to find the accounts first. This could be done by running a credit report via SSN. My guess is an account with access-only rights won't show up on such a report. I suppose the court could subpoena bank information. But I'm not an attorney so please check with a professional. There are two possible scenarios, relating to slightly different definitions of 'pension'. The most normal definition of 'pension' is that you are paid a defined amount each week or month by some company, or the government. If so, that is not part of the estate. You won't be able to take it as a lump sum (probably). It isn't affected by whatever your husband wrote in his will. If, on the other hand, you and your husband had a big sum of money, which you were drawing on to pay your expenses and still are, then the big sum of money would have been part of the estate. The right person to ask about this is the lawyer who dealt with your husband's will. None of this is any help in deciding what you should do with the pension. "Here's another example of such a practice and the problem it caused.  My brother, who lived alone, was missing from work for several days so a co-worker went to his home to search for him and called the local Sheriff's Office for assistance.  The local fire department which runs the EMS ambulance was also dispatched in the event there was a medical emergency.  They discovered my brother had passed away inside his home and had obviously been dead for days.  As our family worked on probate matters to settle his estate following this death, it was learned that the local fire department had levied a bill against my brother's estate for $800 for responding with their ambulance to his home that day.  I tried to talk to their commander about this, insisting my brother had not called them, nor had they transported him or even checked his pulse.  The commander insisted theirs was common practice - that someone was always billed for their medical response.  He would not withdraw his bill for ""services"".  I hate to say, but the family paid the bill in order to prevent delay of his probate issues and from receiving monies that paid for his final expenses." "If the person has prepared (""put your affairs in order"") then they will have a will and an executor. And this executor will have a list of the life insurance policies and will contact the companies to arrange payouts to the beneficiaries. It's not really the beneficiary's job to do that. If the person hasn't made a list of their policies, but has a will and an executor, then the executor can try things like looking at recently paid bills (you're sending $100 a month to ""Friendly Life Insurance Company""? Bet it's a life insurance policy) or paperwork that is in the person's home or their safety deposit boxes. Even if you don't have the key to those boxes, a copy of the will and the death certificate will get the box drilled out for you. If you don't know what bank they might have SD boxes at, again your paperwork will get the manager to find out for you if there is a box at that particular branch, so a day spent visiting branches can be fruitful. (Something I know from personal experience with someone whose affairs were nowhere near in order.) Generally you find out you're a beneficiary of a will because the executor tells you. I suppose it's possible that a person might name you beneficiary of their life insurance without telling you or anyone else, and without writing a will, but it's pretty unlikely. If you're worried, I suggest you encourage your parents, grandparents, and other likely namers of you to write up some paperwork and keep it somewhere family is likely to find it. (Not hidden inside a book on a bookcase or in the back of the wool cupboard.)" I second all of this. It’s worth noting that not all estates require wealth advice. Unless it’s in the millions of dollars and you have no prior experience, I wouldn’t waste time with wealth advisors.   ML is a broker dealer, not a fiduciary. The kraemerlaw is a business, tax, and immigration law company in United States. which provides Real Estate Donation empty land, house, mechanical, private, business property and gives  the way to appreciate what might be a generous assessment reasoning all at the cost of helping other people. a magnanimous land gift remains as a sensible move for people and corporate benefactors alike. The value from your land gift helps Giving Center proceed with its main goal and bolster numerous noble motivations that need our assistance. There are two different possible taxes based on various scenarios proposed by the OP or the lawyer who drew up the OP's father's will or the OP's mother.   First, there is the estate tax which is paid by the estate of the deceased, and the heirs get what is left. Most estates in the US pay no estate tax whatsoever because most estates are smaller than $5.4M lifetime gift and estate tax exemption. But, for the record, even though IRAs pass from owner to beneficiary independent of whatever the will might say about the disposition of the IRAs, the value of the deceased's IRAs is part of the estate, and if the estate is large enough that estate tax is due and there is not enough money in the rest of the estate to pay the estate tax (e.g. most of the estate value is IRA money and there are no other investments, just a bank account with a small balance), then the executor of the will can petition the probate court to claw back some of the IRA money from the IRA beneficiaries to pay the estate tax due. Second, there is income tax that the estate must pay on income received from the estate's assets, e.g. mutual fund dividends paid between the date of death and the distribution of the assets to the beneficiaries, or income from cashing in IRAs that have the estate as the beneficiary. Now, most of OP's father's estate is in IRAs which have the OP's mother as the primary beneficiary and there are no named secondary beneficiaries. Thus, by default, the estate is the IRA beneficiary should the OP's mother disclaim the IRAs as the lawyer has suggested. As @JoeTaxpayer says in a comment, if the OP's mother disclaims the IRA, then the estate must distribute all the IRA assets to the three beneficiaries by December 31 of the year in which the fifth anniversary of the death occurs. If the estate decides to do this by itself, then the distribution from the IRA to the estate is taxable income to the estate (best avoided if possible because of the high tax rates on trusts). What is commonly done is that before December 31 of the year following the year in which the death occurred, the estate (as the beneficiary) informs the IRA Custodian that the estate's beneficiaries are the surviving spouse (50%), and the two children (25% each) and requests the IRA custodian to divide the IRA assets accordingly and let each beneficiary be responsible for meeting the requirements of the 5-year rule for his/her share. Any assets not distributed in timely fashion are subject to a 50% excise tax as penalty each year until such time as these monies are actually withdrawn explicitly from the IRA (that is, the excise tax is not deducted from the remaining IRA assets; the beneficiary has to pay the excise tax out of pocket). As far as the IRS is concerned, there are no yearly distribution requirements to be met but the IRA Custodial Agreement might have its own rules, and so Publication 590b recommends discussing the distribution requirements for the 5-year rule with the IRA Custodian. The money distributed from the IRA is taxable income to the recipients. In particular, the children cannot roll the money over into another IRA so as to avoid immediate taxation; the spouse might be able to roll over the money into another IRA, but I am not sure about this; Publication 590b is very confusing on this point.   All this is assuming that the deceased passed away before well before his 70.5th birthday so that there are no issues with RMDs (the interactions of all the rules in this case is an even bigger can of worms that I will leave to someone else to explicate). On the other hand, if the OP's mother does not disclaim the IRAs, then she, as the surviving spouse, has the option of treating the inherited IRAs as her own IRAs, and she could then name her two children as the beneficiaries of the inherited IRAs when she passes away.  Of course, by the same token, she could opt to make someone else the beneficiary (e.g, her children from a previous marriage) or change her mind at any later time and make someone else the beneficiary (e.g. if she remarries, or becomes very fond of the person taking care of her in a nursing home and decides to leave all her assets to this person instead of her children, etc).  But even if such disinheritances are unlikely and the children are perfectly happy to wait to inherit till Mom passes away, as JoeTaxpayer points out, by not disclaiming the IRAs, the OP's mother can delay taking distributions from the IRAs till age 70.5, etc. which is also a good option to have. The worst scenario is for the OP's mother to not disclaim the IRAs, cash them in right away (huge income tax whack on her) or at least 50% of them, and gift the OP and his sibling half of what she withdrew (or possibly after taking into account what she had to pay in income tax on the distribution). Gift tax need not be paid by the OP's mother if she files Form 709 and reduces her lifetime combined gift and estate tax exemption, and the OP and his sibling don't owe any tax (income or otherwise) on the gift amount.  But, all that money has changed from tax-deferred assets to ordinary assets, and any additional earnings on these assets in the future will be taxable income. So, unless the OP and his sibling need the cash right away (pay off credit card debt, make a downpayment on a house, etc), this is not a good idea at all. Okay, I went through a similar situation when my mother died in March of this year. The estate still needs to go into probate. Especially if there was a will. And when you do this, your husband will be named as the executor. Then what he will need to do is produce both of their death certificates to the bank, have the account closed, and open an estate account with both of their names on it. Their debts & anything like this should be paid from this account as well. Then what you can do is endorse the check as the executor and deposit it into this account. After all debts are paid, the money can be disbursed to the beneficiaries (your husband). Basically, as long as they didn't have any huge debts to pay, he will see the money again. It just may be a couple of months. And you will have to pay some filing fees. Make sure you have sufficient insurance. Luckily, my wife and I had insurance on our mortgage, and term life insurance on both of us. Statistically speaking, insurance is a poor investment. However, when my wife was killed 263 days after our wedding, I was very happy to have it. Note that it took almost five months to pay out, though this was partly due to a Canada Post strike earlier this year; as such, you'll need sufficient emergency funds. I was able to continue working (just about), but still needed approximately $30,000. $10,000 within 24 hours, another $10,000 within 7 days, and the remainder sometime later, to cover funeral expenses. You may also want to consider a will. Neither of us had one as we both had made the decision that we were fine with the other partner receiving the entire estate. If you are not happy with this, or if your situation is more complex, you'll need a will. Yes. If the deceased owned the policy, the proceeds are considered part of the estate. In the specific case where the estate is worth (this year 2011) more than $5M, there may be estate taxes due and the insurance would be prorated to pay its portion of that estate tax bill.  Keep in mind, the estate tax itself is subject to change. I recall when it was a simple $1M exemption, and if I had a $1M policy and just say $100K in assets, there would have been tax due on the $100K. In general, if there's any concern that one's estate would have the potential to owe estate tax, it's best to have the insurance owned by the beneficiary and gift them the premium cost each year. If your primary goal is no / minimized fees, there are 3 general options, as I see it:  Based on the fact that you want some risk, interest-only investments would not be great. Consider - 2% interest equals only $1,500 annually, and since the trust can only distribute income, that may be limited. Based on the fact that you seem to have some hesitation on risk, and also limited personal time able to govern the trust (which is understandable), I would say keep your investment mix simple. By this I mean, creating a specific portfolio may seem desirable, but could also become a headache and, in my opinion, not desirable for a trust executor.  You didn't get into the personal situation, but I assume you have a family / close connection to a young person, and are executor of a trust set up on someone's death. That not be the case for you, but given that you are asking for advice rather than speaking with those involved, I assume it is similar enough for this to be applicable: you don't want to set yourself up to feel emotionally responsible for taking on too much risk, impacting the trustee(s)'s life negatively. Therefore, investing in a few limited index funds seems to match what you're looking for in terms of risk, reward, and time required. One final consideration - if you want to maximize annual distributions to the trustee(s)'s, consider that you may be best served by seeking high-dividend paying stock (although again, probably don't do this on a stock-by-stock basis unless you can commit the time to fully manage it). Returns in the form of stock increases are good, but they will not immediately provide income that the trust can distribute. If you also wish to grow the corpus of the trust, then stock growth is okay, but if you want to maximize immediate distributions, you need to focus on returns through income (dividends & interest), rather than returns through value increase. "how is this new value determined? According to Publication 551: Inherited Property The basis of property inherited from a decedent is generally one of   the following. The FMV of the property at the date of the individual's death. The FMV on the alternate valuation date if the personal representative for the estate chooses to use alternate valuation. For   information on the alternate valuation date, see the Instructions for   Form 706. The value under the special-use valuation method for real property used in farming or a closely held business if chosen for estate tax   purposes. This method is discussed later. FMV is Fair Market Value - which is the price that a willing buyer would pay for the property with reasonable knowledge of all the facts of the property.  The rest generally apply to farmland or other special-purpose land where the amount of income it generates is not properly reflected in the market value. One or more real estate professionals will run ""comps"" that show you recent sales in the same area for similar houses to get a rough estimate of fair market value.   Does it go off of the tax appraised value? Tax assessment may or may not be accurate depending on tax laws (e.g. limits to tax increases) and consistency with the actual market. Should you, prior to your death, get an independent appraiser to appraise the value of the property and include that assessment of the properties value with the will or something? That should not be necessary - another appraisal will likely be done as part of the estate process after death. One reason you might do one is if you are distributing different assets to different heirs, and you want to make sure that the estate is divided equitably."