How to Select A Trustee or Personal Representative For Your Trust or Will
Whether your estate plan includes only a will or a will and a living trust, it is vital to your estate’s success that you select someone that is responsible for the disposition of your estate. Depending on the jurisdiction, an executor or personal representative will be responsible for the disposition of assets under a will. When dealing with a trust, a trustee is responsible for the disposition of assets. A relative, close friend, or professional advisors—such as an attorney or accountant—can serve in either of these capacities. Finally, it is often the case that a person will name both an individual and an institution to serve together. Overall, understanding how to select a trustee or personal representative for your trust or will is one of the most important things to consider when planning your estate
“What are the advantages of a professional executor vs. an individual executor?”
A common question from clients is, “What are the advantages of a professional executor vs. an individual executor?” Typically, a professional executor or personal representative is a specialist in handling estate and trust administration. These professionals will be familiar with local laws and procedures regarding the administration of an estate. In addition, a professional executor or personal representative will not have an emotional bias regarding the estate and will be more impartial and thus, capable of acting independently in accordance with the decedent’s instructions. In contrast, the advantages of an individual executor or personal representative are based on their personal relationship with the decedent. An individual executor or personal representative is more likely to be personally familiar with the family and family dynamics. Furthermore, an individual executor is more affordable to their professional counterparts.
Whatever, type of personal representative you chose, it is important that you understand the pros and cons of either option. Often people will select a form of co-personal representatives or co-trustee type arrangement. This type of structure can often benefit an estate by combined expertise and strengths of the individual and institution.
“What does the executor or personal representative do?”
Another common question I hear is, “What does the executor or personal representative do”. In most cases, he or she serves after your death and has several major responsibilities. These responsibilities include: administering your estate and distributing the assets to your beneficiaries, making certain tax decisions, paying an estates debts or expenses, ensuring all life insurance and retirement plan benefits are received, and filing the necessary tax returns and paying the appropriate federal and state taxes.
Whatever choice you make, ensure that the executor, personal representative, or trustee is willing to serve in these roles. A good practice is to have a primary representative and then name a secondary choice. This ensures that your assets will be distributed even if someone is either unable or unwilling to serve your estate. Furthermore, offering a representative a lump sum of money is a good practice to ensure that they complete their tasks.
Finally, make sure the executor, personal representative, or trustee you select does not have a conflict of interest with your estate. For example, selecting a second spouse, children from a prior marriage, or an individual who owns part of your business may result in an unintended conflict of interest between the selected party and the interests of your beneficiaries. The personal desires and objective of a stepparent and stepchildren may conflict and result in an unintended feud and a co-owner’s personal goal regarding your business may differ for those of your family and beneficiaries.
Contact our DC Law Office for More Information
For more information on how to select a trustee or personal representative for your trust or will please contact Antonoplos & Associates at 202-803-5676. You can also directly schedule a consultation with one of our attorneys.