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Choosing Your Child as Executor Can Create a Problem

Posted by Nina Whitehurst | Mar 29, 2018 | 0 Comments

Concerned couple

Being an executor is not an easy job and can be quite stressful.

Many people trust one of their own children above all other potential candidates for the responsibilities when considering an executor.  However, it is not always a good idea, according to Texas Lawyer in "Mamas, Don't Let Your Babies Grow Up to be Executors."

Being an executor is not an easy job. If people do not know what they are doing, it is very easy for them to make mistakes. They can often be held personally liable for those mistakes.

An executor does more than just distribute the assets of the estate. He or she must be able to communicate with the court and with any heirs about the estate. If, for example, the executor and a sibling do not get along, there can be problems. In some cases, executors will need to invest assets for a period of time, before they can be distributed. The executors need to do that investing wisely.

Before naming one of your children to be the executor of your estate, think through whether it is a role you really want that child to have. It might be better in some cases, to name a professional.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances, including the most appropriate candidate for the job.

Reference: Texas Lawyer (March 6, 2018) "Mamas, Don't Let Your Babies Grow Up to be Executors."

About the Author

Nina Whitehurst

Attorney at Law Nina has been practicing law for over 30 years in the areas of estate planning, real estate and business law She is currently licensed in Alaska, Arizona, California, Colorado, Oregon and Tennessee. Her Martindale-Hubbell attorney rating is the highest achievable: 5 stars in peer...

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