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You are here: Home1 / Blog2 / Articles3 / Are you a personal representative flirting with disaster by mismanaging...

Are you a personal representative flirting with disaster by mismanaging probate assets?

Photo source: canva.com

Photo source: canva.com

Mismanaging estate assets can result in significant legal and financial consequences for both the estate and its beneficiaries. By reading the following 3 examples of estate mismanagement and tips on how to prevent it, you will learn how to obtain the support you need as a personal representative.

       1. Failure to properly inventory and safeguard assets.

Imagine this scenario: You forget to list all assets in your inventory. This oversight could lead to the loss or theft of valuable items, resulting in significant financial loss and potential legal battles that you will have to address.

What’s the attorney tip for this scenario? Secure and document all assets immediately, including real estate, personal property, financial accounts, and collectibles belonging to the deceased person.

        2. Poor investment decisions.

Imagine making investments without considering the financial safety of those you’re responsible for, known as beneficiaries, leading to significant losses and a reduced inheritance for them.

The attorney’s tip is to seek advice from financial professionals and prioritize low-risk investments to preserve the estate’s value.

        3. Using estate assets for personal gain.

What if you use estate money for personal expenses or take property without permission? This breaks your promise as a personal representative to handle the estate responsibly. If not managed effectively, it may result in significant legal trouble and cause beneficiaries to lose faith in you.

The attorney tip here is to keep detailed records and ensure that all transactions benefit the estate. It is important to keep personal and estate expenses separate to avoid any confusion. By avoiding these pitfalls, personal representatives can responsibly fulfill their duties and maintain the integrity of the estate administration process.

This article is for educational purposes only, not to provide specific legal advice. It should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

For assistance with Maryland and D.C. wills, estate planning and probate, contact the

Law Offices of Elsa W. Smith, LLC at

410-995-7719

Attorney Elsa W. Smith

Book a Complimentary 15-Min Call

4 Misconceptions About Revocable Living Trusts

What is a revocable living trust? A revocable living trust is an arrangement in which a Grantor (the trustmaker) places their assets and property in a trust, which can be updated and revised by the Grantor while they are alive. The trust is then managed by a Trustee, who is tasked with distributing the assets […]

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10 Consejos para Propietarios de Pequeñas Empresas

1. Tome en serio su organización física y digital Tener un sistema de organización optimizado puede aumentar la productividad y evitar que pierda el acceso a documentos importantes. Esto incluye la gestión de sus archivos físicos, así como los datos digitales. Considere la posibilidad de digitalizar registros y aprovechar las innumerables plataformas en línea para […]

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10 Tips for Small Business Owners

1. Get Serious About Digital and Physical Organization Having a streamlined organization system can boost productivity and save you from losing access to important documents. This includes managing your physical files as well as digital data. Consider digitizing records and taking advantage of the myriad online platforms for digital case management and file storage. 2. […]

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Soy un recién casado con pocos bienes. ¿Cómo puede ayudarme la planificación patrimonial?

Un matrimonio es un vínculo entre dos personas que se han comprometido a enfrentar la vida juntos. Si recientemente se ha comprometido a pasar el resto de su vida con su cónyuge, no hay mejor momento que ahora para establecer un plan de sucesión. Si bien la preparación para el futuro puede ser intimidante, la […]

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I am a newlywed with few assets. How can estate planning help me?

A marriage is a bond between two people who have pledged to face life together. If you have recently committed to spending the rest of your life with your spouse, there is no better time than now to establish an estate plan. While preparing for the future can be intimidating, estate planning can ease much […]

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What the New 20% Pass-Through Deduction Means for Business Owners

What the New 20% Pass-Through Deduction Means for Business Owners It is essential for business owners to be familiar with their landscape, reap all available tax benefits, and stay up-to-date with developments in the business world. The 20% deduction for pass-through businesses, outlined in IRC Section 199A, was introduced in the 2017 Tax Cuts and […]

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Attorney Smith is Featured in the ABWA Member Monday Spotlight

The American Business Women’s Association is a national professional association for women. The mission of ABWA is to bring together businesswomen of diverse occupations and to provide opportunities for them to help themselves and others grow personally and professionally through leadership; education, networking support and national recognition.  Attorney Smith is the 2018-2019 Secretary of the […]

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5 Mitos de Planificación Patrimonial Creídos por Personas en Sus Veintitantos

La planificación patrimonial puede ser un proceso intimidante, pero no tiene que ser así. Tener sus deseos claramente definidos puede aliviar a su familia y seres queridos de una gran cantidad de estrés. Planear con anticipación solo te beneficiará a largo plazo. Como adulto joven, la planificación patrimonial le permite hacer un inventario de sus […]

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5 Estate Planning Myths Held by People in Their 20’s

Estate planning can be an intimidating process, but it doesn’t have to be. Having your wishes clearly defined can alleviate your family and loved ones from a great deal of stress. Planning ahead will only benefit you in the long run. As a young adult, estate planning allows you to take stock of your assets […]

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C-Corp versus S-Corp: Entendiendo Los Fundamentos

Una corporación es una estructura legal preferida por capitalistas de riesgo, inversores ángel u otros que buscan invertir capital sustancial en una compañía nueva o emergente. Si la compañía lleva a cabo considerables cantidades de negocios en todo el país e incluso a nivel internacional, su intrincada estructura operativa necesitará una superposición burocrática adecuada para […]

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C-Corp vs. S-Corp: Understanding The Basics

A corporation is a legal structure preferred by venture capitalists, angel investors or others looking to invest substantial capital in a new or emerging company. If the company conducts considerable amounts of business nationwide and even internationally, its intricate operating structure will need an appropriate bureaucratic overlay to adequately manage its varied operations. A corporation […]

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The Queen of Soul Died Without a Will: What It Means to Die Intestate

Aretha Franklin, an unparalleled, unprecedented icon and known as the Queen of Soul, passed away on Thursday, August 16, 2018 from advanced pancreatic cancer. She left behind family members, friends, and generations of admirers who will be forever touched by her presence. As the world mourns the loss of Ms. Franklin, another important discussion has […]

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