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When meeting with an estate planning attorney about drafting your will, they will ask you about who you want to serve as the executor. This person has significant legal responsibilities, as they ensure that the distribution of your assets follows your guidelines. Because of this, you should choose this person carefully. Below is more information about this role, as well as some strategies to select one.

What Is an Executor?

An executor is a person that will carry out the wishes you express in your will when you pass away. You can name any individual to fill the role, but you should speak to them beforehand to ensure that they are willing to do the job. If you do not name someone, the probate court will appoint someone to serve.

estate planning attorneyThe executor’s responsibilities include contacting the heirs and beneficiaries after your passing. Then, they will gather and distribute the property according to your statements. They must also pay bills and expenses—such as for home maintenance and property taxes—by using your leftover assets.

An executor will also represent the estate in any court appearances, and may hire an estate planning attorney or accountant for complex matters involving the will or the estate. For example, if there is a disagreement about the distribution of your money, the executor may need to defend themselves in court. The costs of carrying out these responsibilities come from estate assets.

How Do You Choose One?

When choosing your executor, you should consider their trustworthiness, maturity, and communication skills. While many people select a close family member, the executor does not have to be a relative. Also, you should name an alternate when drafting your will. This protects you if the primary executor is unable or unwilling to serve when the time comes.

 

If you need to prepare a will, contact Swartz Law Office in Batavia, OH. These estate planning attorneys help clients navigate the probate process and family law matters, such as divorce and child custody. Applying their skill and professionalism, they ensure each client’s goals and wishes are expressed in clear terms that comply with the law. Visit them online for more information about their practice areas. Call (513) 732-0900 to schedule a consultation.

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