Deciding Who Should Administer Your Estate (And Who Shouldn’t)

Nov 16, 2021

Deciding Who Should Administer Your Estate (And Who Shouldn’t)

It may seem like an easy choice to decide who will administer your estate when you are gone. You may be thinking of appointing a relative you trust, or it may be your own lawyer. You know that your final wishes will be left in someone else’s hands, so you want those hands to be capable and willing. Regardless of whether you have a designated executor, understand that this is work, and it can leave the executor legally liable for negligence if they mishandle your affairs. If you haven’t chosen an executor yet, consider these three tips for choosing the best one for your estate:

  •  Someone you trust. This should probably be a no-brainer, but it can’t be stressed enough: your gut instinct can tell you who to trust and who not to trust. Someone who is pushing you to create an estate, to put them in charge, or to allocate assets as they see fit is not the person you want in charge of your estate. Contrast this with a concerned relative who may urge you to create an estate plan. They may refer you to a Oregon probate lawyer, or give you resources to find one on your own.

Of course, you don’t have to appoint a relative. An Oregon probate lawyer can execute your estate for you. In a case where you expect your relatives to not be in total agreement, having a neutral third party act as executor may be the soundest decision. Your lawyer as executor can have no interest in your estate, so there’s no conflict of interest.

  • A responsible adult with a track record of financial responsibility. If your executor can handle their own finances, they can handle yours. Your financially responsible executor, however, may not be the most obvious. Earning isn’t responsibility. Have a child who makes a lot of money? Disposable income doesn’t mean fiscal responsibility. They may be spending themselves into a future financial crisis. Your child with a modest income who lives within their means and saves for retirement may be a much better candidate. Financial responsibility requires an attention to detail, follow-through, respect for the rules, and an ability to remain calm while looking at the future.
  • Someone with the time and interest to execute it. Executing an estate takes time and energy. If your executor is a well-meaning person who is otherwise very busy, it may be a burden on them to do the work. It’s best to ask your would-be executor if they have the time and ability to do this, especially if they have to travel to your state or have other pressing responsibilities. Let your would-be executor know that it’s up to them to decide whether to accept the role, and let them feel free to back out if they honestly don’t feel they can do it well. Your estate is better off administered by someone who can perform the duties legally required with attention and due care.

If you still have questions about choosing an executor, or you’d like to begin the process of creating a will that explains your wishes for your estate when you are gone, please call our law firm 971-865-3171 to schedule an appointment with one of our estate planning attorneys or attend one of our monthly webinars. https://roseelderlaw.com/events-free-seminars/

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Legal Expertise:

Estate planning involves various legal instruments, such as wills, trusts, powers of attorney, and healthcare directives. We specialize in estate planning, ensuring that your documents comply with the ever-changing state and federal laws. We can help you navigate intricate legal requirements, minimizing the risk of costly errors and potential disputes.

Customization:

Every person's financial situation and family dynamics are unique. We will take the time to understand your goals and circumstances, allowing for the creation an estate plan that suits your individual situation.

Asset Protection:

We can assist you in structuring your estate plan to protect your assets from potential creditors, lawsuits, and taxation. Our experience can also help you employ strategies to minimize tax liabilities.

Avoiding Probate Delays:

Probate is the legal process through which a deceased person's assets are distributed. It can be time-consuming and costly. We can help you explore options to minimize or avoid the probate process, allowing your beneficiaries to receive their inheritances more quickly and efficiently.

Conflict Resolution:

When estate plans are unclear or disputed, it can lead to conflicts and legal battles. We can help you draft clear and legally sound documents that minimize the chances of disputes among heirs and beneficiaries. In the event that a dispute arises, we can also represent your interests and work toward an amicable resolution.

Updates and Maintenance:

Estate plans need to be reviewed and updated periodically to reflect changes in your financial situation, family dynamics, and applicable laws. We can provide ongoing support and guidance, ensuring that your estate plan remains current and effective.

Peace of Mind:

Engaging a law firm for estate planning provides peace of mind, knowing that your affairs are in capable hands. It allows you to focus on enjoying your life without the constant worry of what may happen to your assets and loved ones in the future.

Hidden First Toggle
Legal Expertise:

Estate planning involves various legal instruments, such as wills, trusts, powers of attorney, and healthcare directives. We specialize in estate planning, ensuring that your documents comply with the ever-changing state and federal laws. We can help you navigate intricate legal requirements, minimizing the risk of costly errors and potential disputes.

Customization:

Every person's financial situation and family dynamics are unique. We will take the time to understand your goals and circumstances, allowing for the creation an estate plan that suits your individual situation.

Asset Protection:

We can assist you in structuring your estate plan to protect your assets from potential creditors, lawsuits, and taxation. Our experience can also help you employ strategies to minimize tax liabilities.

Avoiding Probate Delays:

Probate is the legal process through which a deceased person's assets are distributed. It can be time-consuming and costly. We can help you explore options to minimize or avoid the probate process, allowing your beneficiaries to receive their inheritances more quickly and efficiently.

Conflict Resolution:

When estate plans are unclear or disputed, it can lead to conflicts and legal battles. We can help you draft clear and legally sound documents that minimize the chances of disputes among heirs and beneficiaries. In the event that a dispute arises, we can also represent your interests and work toward an amicable resolution.

Updates and Maintenance:

Estate plans need to be reviewed and updated periodically to reflect changes in your financial situation, family dynamics, and applicable laws. We can provide ongoing support and guidance, ensuring that your estate plan remains current and effective.

Peace of Mind:

Engaging a law firm for estate planning provides peace of mind, knowing that your affairs are in capable hands. It allows you to focus on enjoying your life without the constant worry of what may happen to your assets and loved ones in the future.

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