Estate Lawyer Oakley Utah

estate planning attorney Oakley Utah

Can a Spouse Be an Executor If the Other Spouse Dies?

Almost all married couples name someone to take care of their estate after their death. This person is known as an Executor, although in some states they are also known as a Personal Representative. The Executor’s role is a highly complicated one, which includes locating and paying all debts, managing the estate, and accounting. Often this is done with the help of an estate attorney. However, not everyone is prepared to do this job.


There are some things to consider before naming a spouse as an Executor. First, it’s important to understand the law regarding spousal inheritance. Generally speaking, a spouse is entitled to one-half of the estate if there are no children. In addition, a spouse can be entitled to spousal inheritance if the decedent did not make a will. This is known as a “claw-back” provision.

Laws in states

The law in New York provides that if the decedent’s children from a previous marriage were not the primary beneficiaries, the surviving spouse is entitled to one-half of the remaining estate. The surviving spouse is also entitled to an elective share. This elective share is determined by a fraction of the estate’s augmented value. The elective share can be one-half if there are no children, or it can be one-third if there are children. The surviving spouse may also be entitled to social security benefits. The surviving spouse’s rights are determined by the Social Security Administration.

The spouse’s rights

A spouse’s rights may be challenged by the decedent’s beneficiaries, who claim that the deceased spouse had transferred the property to them prior to death. This claim can be challenged in a court of law. Additionally, the decedent may have intentionally excluded the current spouse from his or her inheritance. This may have been due to an extenuating circumstance.

In New York, if the decedent transferred the property to a third party within one year of death, the property is subject to spousal inheritance. However, if the decedent did not transfer property to a third party within a year of death, a beneficiary’s claim will be treated as if the decedent passed away.

If the decedent did transfer the property to a third party, the Executor must determine the beneficiaries and verify each claim before paying. In addition, the Executor must report non-probate assets on the estate tax return. This can include life insurance policies, pension accounts, and life insurance benefits. If the beneficiaries suspect that an executor is withholding payments, they can sue the estate and request that the executor is removed. The Executor must also consider all claims within seven months of his or her appointment.

Organized and trustworthy

In addition to this, the Executor should be organized and trustworthy. In some states, the Executor must also be a resident of the state. This is to ensure that the Executor is qualified to handle the estate. If the Executor is a convicted felon, he or she will not be eligible to serve. This is a difficult responsibility to take on. It takes a lot of time and effort to prepare the estate and administer it.

If you have questions, you can get a free consultation with the Best Estate Planning Lawyers.

Parklin Law – Estate Planning Lawyer
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699

When you need a Lawyer, contact this law firm:

Parklin Law

5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699

Oakley, Utah

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Oakley, Utah
Oakley Town Hall

Oakley Town Hall
Location in Summit County and the state of Utah

Location in Summit County and the state of Utah
Coordinates: 40°43′7″N 111°17′16″WCoordinates40°43′7″N 111°17′16″W
Country United States
State Utah
County Summit
Settled 1868
Incorporated 1933
Named for Gambel oak

 • Total 7.09 sq mi (18.36 km2)
 • Land 7.08 sq mi (18.35 km2)
 • Water 0.00 sq mi (0.01 km2)

6,434 ft (1,961 m)

 • Total 1,470
 • Estimate 

 • Density 245.66/sq mi (94.85/km2)
Time zone UTC-7 (Mountain (MST))
 • Summer (DST) UTC-6 (MDT)
ZIP code
Area code 435
FIPS code 49-55650[3]
GNIS feature ID 1444043[4]

Oakley is a city in Summit CountyUtah, United States. It is part of the Salt Lake City, Utah Metropolitan Statistical Area. The population was 1,470 at the 2010 census.

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