Most people create an estate plan to ensure their wishes are carried out accordingly upon their passing. When you create an estate plan, you will generally appoint someone known as an executor to enforce your will and see everything is done according to your wishes. Choosing an executor is a big decision, and it should not be taken lightly. If you wish to learn more about selecting an executor and the will-writing process as a whole, here are some of the questions you may have:
How do I choose an executor?
Your executor, first and foremost, must be someone you deeply trust. Generally, people appoint their children or spouse as their executor for this very reason. Not only should your executor be trustworthy, but he or she must also be competent and able to ensure all of your wishes are carried out faithfully. It is worth noting that if your executor behaves negligently or does not act in the best interest of your estate, a motion may be filed to have him or her removed from the position. If a judge approves the motion to remove your executor, he or she may then designate a new person to finish the job. This is why you should ensure you select someone who is willing and able to get the job done from the start.
What does an executor do?
Executors have a significant role after your passing. Generally, executors are responsible for managing all of your assets and your estate as a whole. Your executor will first have to bring your last will and testament to the surrogate court in the county in which you lived. Once the probate process begins and your will is deemed valid, your executor will then have to handle any financial obligations of your estate. Typically, this involves making outstanding payments or taxes, usually with the help of an experienced attorney. Your executor will also distribute all the assets within your estate to their corresponding beneficiaries. If a beneficiary contests your will’s validity, your executor is in charge of resolving these issues.
Contact our experienced California firm
If you have any additional questions regarding selecting an executor or the will-writing process in general, please do not hesitate to reach out to our knowledgeable California firm. We are always here to help.
Working with an experienced estate planning attorney, such as Jaci Feldman of the Woodland Hills, California, Law Office of Yacoba Ann Feldman, will ensure that you are taken care of when you need it most. Contact The Law Offices of Yacoba Ann Feldman to schedule a consultation today.