Legal Question in Wills and Trusts in Pennsylvania

Re: what does executive mean

So long as your aunt is alive, you have no duties and no rights. Her assets may be used up during her lifetime for her maintenance, especially if she enters a health care or other senior care facility. Once she has died, the state may have a claim on her property if the state paid for her care.

If she appoints you "executor" in her last will before she dies, you would have the duty of administering her estate, beginning with filing the will with the Register of Wills for the County in PA where she resided at the time of her death. The executor's duties are to determine all of the debts and obligations, including income and inheritance and estate taxes, gather all of the belongings of any kind, arrange to file all tax returns, pay all debts (only out of the assets of the deceased, not the executor's personal assets), and then to distribute the balance as directed in the will.

Duties of the executor are not tied to the rights of beneficiaries (the person or people to whom the estate is left). Therefore, if you do not feel capable of accepting these duties, or because of your geographic distance, it would be very impractical, you do not have to serve as executor. If there is another family member who lives in the state where your aunt resided, that person could serve.You would still inherit under the will, providing that there are sufficient assets to pay the debts and other obligations of your aunt.