The executor of your will plays a number of crucial roles in resolving your estate. Their duties include opening a probate case, inventorying assets, notifying beneficiaries and creditors, and paying estate debts. Understandably, you want to trust this role to the most capable and competent individual. An attorney at law will help you write a will and ensure it is legally sound, but you'll first need to choose an executor. Here are a few tips to help in this process.
How to Choose a Will Executor
1. Look for Honesty, Organization, and Professionalism
Your executor doesn't need to be an attorney at law or a financial guru, but they should be able to conduct themselves with integrity and professionalism. They must be organized and pay careful attention to detail, as submitting the wrong forms or forgetting a signature can prolong what is already a lengthy and involved process. If the individual is someone you trust to handle your legal and financial affairs now, while you are still living, they can likely be trusted to handle these matters when the time comes.
2. Discuss Your Intentions
An executor will be tasked with a long list of responsibilities, all of which need to be completed during what will almost certainly be a time of loss and grief. For this reason, discuss your intention now to appoint this individual as an executor so they can agree—or not agree—to take on this role. Just as you should feel comfortable appointing this person, they should be comfortable accepting the role and the obligations that come with it. This will also eliminate any surprises later and give them time to prepare.
3. Name an Alternate Executor
Once you've named a primary executor, it's a good idea to appoint at least one alternate. This is especially critical if the primary one is older than you, as they may predecease you, or if the primary executor should move, become ill or incapacitated, or ultimately decline the position. As you did with the first choice, sit down with the alternate executor now and explain your intentions. Having a backup in place will give you additional peace of mind knowing that your estate will be managed effectively.
Your attorney will draw up the paperwork to appoint an estate executor. John E. Bach, Attorney at Law, has more than 30 years of experience and serves clients in the Goshen, NY, area. He offers representation in wills, living wills, and other estate planning arrangements; family law matters like divorce and adoption assistance; and real estate transactions. Call (845) 294-7941 to schedule a consultation with an experienced attorney at law or visit his website to explore his estate services.
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