One essential part of creating your estate plan is choosing who will carry out the wishes in your will and who will make decisions on your behalf should you become incapacitated.
Here, we'll give you a few tips for choosing who to serve as executor of your estate, trustee, and those with powers of attorney.
The role of executor is a big responsibility, from filing your will with the court to paying off your debts, closing your accounts, and ensuring that your remaining assets are distributed according to your will.
This shows that the person chosen for this role needs to be both trustworthy and organized. They also need to be able to balance this job alongside their other life responsibilities.
It is important to discuss your expectations about your financial planning, too. This does provide the person you are asking to be your executor an opportunity to gain a full understanding of your wishes, and it does allow for them possibly turning down this role because of the responsibilities.
These same general attributes should apply to a trustee if you create a trust as part of your estate plan, too. You can choose a professional such as an attorney, accountant, or a trust company (or trust department at a bank) to fulfill these roles if finding someone in your personal life for these jobs is too challenging.
Married couples often name one other as executor, but it’s important to carefully choose a backup person.
Executors are also paid a fee based on state law, although some individuals choose not to receive the pay.
You may consider creating two separate POA documents: one for health-care decisions and one for financial decisions. A number of people may choose two different individuals to serve in those roles.
The person with the power-of-attorney designation on the medical side can make important health-care decisions when you are unable to do so. If you have a living will in place, this can help guide their decision-making. Like with an executor, you should make sure this person would be comfortable in that position and also communicate your wishes with them in advance.
For financial powers of attorney, the person you choose should have the same characteristics as the executor. They should be able to handle your finances, pay your bills, and handling other money matters on your behalf if you cannot.
If you need any help regarding your estate or other legal matters please reach out to us directly here and schedule a call with one of our paralegals on our scheduling page here.
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Edwardsville
217 South Main Street, Edwardsville, IL 62025
618.659.4499
East Alton
1 Terminal Dr. East Alton, IL 62024
618.258.4800
Wentzville
511 W. Pearce Blvd. Wentzville, MO 63385
636.332.5555
Swansea
7a Park Place Swansea, IL 62226
618.239.4430
Chesterfield
13321 N. Outer 40 Road, Ste. 700, Chesterfield, MO
636.332.5555
Creve Coeur
12747 Olive Blvd., #300, St. Louis, MO
636.332.5555
Mt. Vernon
1115 Harrison St, Mt. Vernon IL
618.242.0200
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