• Should I Agree to Be an Executor? | Bakerink, McCusker & Belden

    Executors of wills are generally selected because of their ability to work with numbers, handle complex paperwork, and pay attention to little details. It can be flattering to be asked to be an executor, but don’t give your answer right away. Consider talking to an estate planning attorney near Tracy or Manteca about your responsibilities as an executor before you make a decision. If you do agree, you could ask the testator to select an alternate executor in the event that you no longer feel capable of carrying out your duties when the time comes.

    Abilities and Limitations of attorneys

    Evaluate your abilities and limitations.

    Critically examine whether your abilities would make you well-suited to carrying out the responsibilities of being an executor of the will. It isn’t necessary for competent executors to have a background in finance or law. You always have the option of hiring an accountant, and it’s a smart move to hire an estate planning attorney to guide you through the probate process. However, you should at least be comfortable working with numbers. Know that probate can be quick and easy or lengthy and arduous, depending on the deceased’s estate and the beneficiaries. Consider whether you would have time to take on these tasks, and whether you’re willing to commit to using your time this way.

    Consider your relationship with the individual.

    Contrary to popular belief, spouses do not always make the best executors. After the death of their loved one, a bereaved spouse must cope with grief and all of the challenges that go with it—such as cloudy thinking and poor concentration. Think about suggesting an alternative executor or recommend that your spouse chooses a paid, professional executor.

    Assess the size of the estate.

    Of course, there’s no way to predict what the individual’s estate will be like once that person dies. But you can ask some general questions to get a sense of how complicated and large it might be. Complicated estates may be better left to a professional executor.

  • Finding the Right Executor for Your Will

    The creation of wills is only one step in the estate planning process. When you consult an estate planning lawyer near Tracy or Manteca, you will be asked to designate an executor . The executor is the person who is charged with the task of identifying assets, satisfying liabilities, and distributing assets to beneficiaries in accordance with the will. Finding the right executor can be challenging because, as you’ll learn when you watch this video, executors have difficult tasks to manage that can take months or even years to complete.

    Ideally, you should choose someone to manage your estate who has a background in finance or at least is comfortable handling financial matters. Choose someone who is reasonably intelligent and detail-oriented. The expert in this video also explains the surprising reason why it’s advisable to select an executor who has substantial personal assets.

  • Understanding the Role of the Executor

    Executors are in charge of making sure that the final wishes included in wills are honored after someone has passed. They are usually trusted friends or family members of the deceased who are not going to benefit from the estate in some way. When you work with a lawyer in Tracy to complete your will, choosing an executor will be an important part of the process.

    Watch this video to learn more about the role of the executor. Because the executor holds legal control of the estate, it is important to choose someone you trust implicitly. Your lawyer will answer all of your questions about estate administration to help you better understand the role so you can choose the right person.