Picking the Wrong Executor Can Ruin Your Estate
Norman M. Boone, CFP
Mosaic Financial Partners, Inc.
ou need a will is basic estate-planning
advice. Without a will, at your death your assets will be
distributed according to state law, which may not reflect your
wishes.
One of a will’s important functions is to name your executor
(known in some states as a “personal representative”), who will be
responsible for administering your estate and carrying out the
provisions of your will.
Choosing the right executor can help ensure the prompt, accurate
distribution of your possessions with a minimum of family friction.
You’ll leave behind warm thoughts instead of hurt feelings. Picking
the right executor is vital even if your estate is not large.
Example: Jane Smith might have little
more than a house and a small bank account. At Jane’s death,
though, her grown children are likely to fight over household
possessions. Unless the executor is able to resolve disputes
amicably, the heirs will end up resenting each other and may even
incur legal fees to settle the issue of who gets what.
WHAT AN EXECUTOR DOES
The executor’s tasks include...
Paying all expenses of the estate, including debts,
taxes, and funeral and burial costs from the estate.
Distributing all bequests after expenses have been paid.
This could include charitable donations and personal inheritances,
as directed by your will.
To these ends, the executor must handle a great deal of
paperwork, including tax returns. He/she will have to file
appropriate forms with the court overseeing probate (the process of
carrying out the terms of your will).
DEPENDABLE, DETAIL-ORIENTED
As you can see from this job description, choosing an executor
deserves careful consideration.
What to look for: You’ll want an
executor who will be able to deal with all estate beneficiaries in
a way that will avoid disputes. What can go
wrong...
The executor may have to deal with discontented
beneficiaries, especially if the division of assets in the estate
isn’t equal.
Relatives may fight over who gets possessions, from
carving sets to love seats. In an extreme case I encountered, a
decedent’s son took some items from his mother’s house. His brother
was so upset that he called the FBI and reported that a thief had
crossed state lines with stolen property.
Your executor might have to put together agreements to resolve
these disputes.
You’ll also want someone who will work diligently and
efficiently. If everything is done on time, unnecessary court
delays may be avoided.
Bottom line: Ideally, your chosen executor
will possess attention to detail. He will be well-served by having
an ability to handle numbers, personal finance issues and complex
situations.
In addition to looking for someone familiar with financial
matters, seek someone who knows your family well. Above all, you
want someone you trust to make every reasonable effort to ensure
that your wishes are followed.
NAME YOUR SPOUSE?
Among married couples, it is common for the spouses to name each
other as executor.
Trap: Often, a survivor is too
distraught after a spouse’s death to deal effectively with the
details of managing an estate. Or the surviving spouse might lack
experience handling financial matters.
A surviving spouse might be too easily influenced by one member
or one side of the family to the detriment of others who have a
legitimate interest in your estate.
Strategy: Consider naming a trusted,
levelheaded and fair-minded sibling or grown son or daughter as
executor. A family friend is another possibility.
Alternative: Name a bank or trust company
as estate executor. There will be costs involved (generally a small
percentage of the estate -- fees vary by state), but they might be
worth paying if no relative or family friend has the required
financial expertise and diplomatic skills.
One additional possibility is to name coexecutors. An individual
or an institution could be named, along with your spouse, if you
think that’s necessary to avoid hurting your spouse’s feelings.
QUESTIONS
Before naming an executor or coexecutor, ask yourself...
Do I trust him to handle the financial affairs for my
beneficiaries according to my wishes?
Has he ever had financial problems of his own? If so, he
may not be a good choice to fairly and accurately administer an
estate.
Would he get along with the beneficiaries, and how would
he handle conflicts?
An executor should listen to both sides and understand their
points of view. If possessions are the issue, for example, the
executor should work out some system in which heirs can take turns
choosing.
If I name coexecutors, can they work well together?
Will your executor or coexecutors seek and accept advice
from the estate’s attorney?
GET EXECUTOR’S CONSENT
Assuming that you choose an individual to serve as executor,
make sure that you get his verbal consent to serve before naming
him in your will.
Strategy: Name one or more
backup executors in your will. A successor will be necessary if
your original selection becomes unable or unwilling to serve.
Following up: Once you have made your
choice, go over the necessary financial details with your executor
-- your assets, how the titles to your real estate, securities,
etc., are held, and where the paperwork, such as statements, deeds
and insurance policies, can be found. Your executor should see your
will, or at least know what’s in it. If your executor isn’t a
family member, he should meet your heirs to get an idea of the
personalities involved.
Arrange a meeting with your tax preparer, too. Your executor
will be responsible for filing income tax and perhaps estate tax
returns after your death, so getting together with your tax pro may
help speed that process.
Compensation: Executor fees are set by each
state. For instance, in New Jersey, they range from 2% to 5%,
depending on the size of the estate. In California, fees range from
1% to 4%. Usually family members serve for free (they decline the
fee), and sometimes friends do as well. Check that any provisions
in your will to compensate an executor conform to state law.
FUNERAL ARRANGEMENTS
Funeral arrangements are the responsibility of family members
rather than your executor. Often, though, there is confusion among
family members as to who will make the decisions.
Reality: Since the
executor eventually will pay from your estate the bills for funeral
and related costs, it makes sense to provide him with your funeral
and disposition-of-the-body wishes.
Best: Let family
members know your wishes in advance. Leave a letter or video
explaining them.
Trap: Many people put
this information in their wills, which then go into safe-deposit
boxes, to which heirs will not have access without proper
documentation. This means that family members could learn funeral
wishes long after the funeral.
Strategy: If you have
prepaid your funeral costs or purchased a cemetery plot, make sure
that your executor has all the details. Then he can quickly find
the relevant contracts or deeds.
GRACEFUL EXIT
After preparing your executor, prepare your heirs. Reveal your
choice of executor to immediate family members and others mentioned
in your will.
The fewer surprises in your estate plan, the greater the chance
that you’ll make a graceful exit and leave a peaceful
family.