Can the admin for the estate also be an heir?
Can the admin for the estate also be an heir?
You can be an admin and an heir, but if you are the executor/administrator of an estate and one of the heirs, then you have a conflict of interest.
Those who are named as the executor of someone's estate are generally not considered to be heirs to the person's estate. It is possible for an heir to also be named as an executor, but this decision should be made with great discretion; if you inherit money or property, and you're also managing the estate of that person who left you that money or property, you have a conflict of interest—you may have an incentive to act in your own interests over the interests of the estate itself.
If you do choose to accept these responsibilities and become both an executor and an heir, it would be wise to abide by certain ethical standards. For example, some say that you should never take anything from the estate for yourself; just handle it responsibly and make sure everything is distributed correctly. Some say that if there are other heirs around, try not to let them know how much money or how many assets there are—this way, they won't be tempted to sell off their shares.
As a general rule, the executor of an estate shouldn't also be a beneficiary of that estate. It can lead to a situation where the executor has a conflict of interest, particularly if the inheritance is substantial and the executor didn't expect to receive anything from the estate. But there are some exceptions to this rule, and they're relevant to you if your parent has left you his or her house.
There are two different types of executors: a personal representative, who is appointed when someone dies without leaving behind a will, and an executor named in a will. Personal representatives are granted authority by the court and can sell assets, pay debts and taxes, etc., while an executor of a will has the responsibility to carry out the wishes of the deceased person in accordance with his or her written instructions.
If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More
Parklin Law - Estate Planning
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
40.605070, -112.027530
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
