No one wants to contemplate their own demise, but choosing an executor of your will is one of the most important decisions you’ll make. The executor will be responsible for ensuring that all the terms of your will are met and carried out. The average person typically chooses one of their children for the task, which may not be the best course of action for several reasons.
The passing of a loved one brings out strong emotions and old grievances may come into play. Family dynamics become particularly pronounced in regard to end-of-life issues and arguments among siblings over worthiness, honesty, and favoritism are common when a child or other close relative is named as executor.
Another consideration is the executor’s physical location. The executor may be required to perform a variety of duties, from making court appearances, and attending to mail, to carrying out other on-site responsibilities. That can be almost impossible if they live on the other side of the state, the country, or if they’re working overseas.
Property may need to be assessed, maintained or sold, bank accounts attended to, stocks and assets liquidated, and debts paid. The executor will also be responsible for assembling all pertinent paperwork and responding to any contests to the will. Specific funeral arrangements might be required that run counter to what family members want or expect.
Sometimes an individual that agrees to be the executor can’t perform those duties when the time comes or they change their mind. Even when an executor does undertake the responsibilities, it’s still a good idea for them to seek the services of an attorney to ensure all the details are carried out in accordance with the law.
Engaging the services of an attorney ensures that the will is executed in a professional, timely and objective manner. The attorney will have access to other professionals if needed. It alleviates the stress on grieving loved ones and aids in mitigating squabbles among siblings and other family members during one of the most traumatic times in their lives.
Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you. To learn more about how we can help you or to discuss the facts of your case with our attorneys, call to schedule your free consultation.