ESTATE
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How to Choose an Executor
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![]() onsider this person the chief executive of your life - after your life.
One of the most important decisions you'll make in your estate planning is whom you name as the executor of your estate.
The executor controls your estate from the time you die until the last federal and state tax returns have been filed and all your assets have been distributed to your beneficiaries. It is this person who ensures the distribution of your estate.
If you don't find one, the state will
If you don't have a will, or you make one without naming an executor, the probate court will name an administrator who basically does the same job, except that the state decides who gets your money. And unlike someone that you selected, this executor may be someone you don't know or, better yet, someone you do know but intensely dislike.
Not a glamorous job
An executor's job is not a glamorous one. It's typically unappreciated by other family members and involves tedious work with few obvious rewards. He or she has to set up the estate with the Internal Revenue Service and the state revenue department, get a tax identification number and file estate and income taxes until the estate is settled and closed.
The executor also has to figure out every asset in your estate and the amount of any debts you owe.
"Every asset" does not mean what is in your probate estate but also your retirement plans, insurance policies and anywhere else you may have squirreled away a few dollars.
What's the value of Mom's blue teapot?
The easy part is establishing a value on your bank accounts or stock or mutual fund investments. There are specific values placed on those assets and your executor can either choose to assess their value at the time of your death or wait until nine months after your death. It's a different story for items like furniture, real estate, automobiles, jewelry and antiques, which don't have established prices. And if you own your own business, the executor faces serious issues of determining its value.
The reason for these onerous tasks is because of the executor's ultimate goal. He or she is supposed to make sure that your assets are distributed to the right people in the right amounts. When you see the work that's involved, it becomes abundantly clear that you should think long and hard before you choose your executor. Make sure that person agrees to take on the job before you set his or her name on paper.
The surviving spouse as executor
Married people usually name each other as executor, although it's not uncommon for a spouse to discover that someone else has been named after her or his spouse has died.
Naming your spouse as the executor is usually a good idea, but you'll want to consider a few things. Your spouse already will be emotionally drained upon your death. Taking on the role of executor may be too much of a burden. If your spouse is not financially astute, he or she may be susceptible to an unscrupulous relative or other people offering to take care of the estate for huge fees.
If you're not married or you don't want to name your spouse as executor, you can choose a relative you trust, a friend or professional associate such as your accountant or attorney.
If you have more than one child, one antiquated but still used custom names the oldest male as executor. Don't make your selection that way. Pick the child who has the time to do the work required, has common sense, and who gets along with the other siblings. All too often, estate settlements after the death of a parent can drive siblings apart for life.
Choose a co-executor, too
If you're choosing a relative, it's often a good idea to name a co-executor who has expertise in estate matters. The relative makes the decisions and the co-executor handles the legwork and makes sure that the decisions are legal and appropriate. If you have a good relationship with an attorney, accountant or bank officer who handles estates, you may want to name one of them. The problem with naming a bank officer is that by the time you die, that bank officer may no longer be around to do the job.
The advantage of institutions is that they will be around when you need them. The disadvantage is that your family may not know anyone there by then. There are standard executor fees, which vary by region, and you should find out what they are. Your will should always contain provisions that your executor can be paid and that expert help can be hired.
Paying the executor
For a relative who is an executor, the enormous amount of time and energy required should be compensated in some way, especially if it's one of your children and the others are not spending much time on the estate. You can specify using the standard executor fee rates for your region, or you can name any rate you want as long as the IRS considers it reasonable. By paying the relative who's acting as executor, you reduce that person's resentment for having to do all the work while reducing any guilt feelings among other family members for not being involved.
Pick a successor, too
All too often, a will drafted years ago names an executor who has died, and the court appoints an administrator. This is why it's important to name at least one successor as executor and perhaps even a successor to the successor. Remember, it's easy to change the executor named in your will by attaching a short codicil substituting one name for another.
Executor decisions are crucial to good estate planning. The right executor can move the estate settlement process along as smoothly as possible and with a minimum of financial and emotional damage to your survivors. The wrong executor can deplete the estate's assets, delay settlements and make it an administrative nightmare that creates family divisions that might take years to heal. You have taken the time and trouble to take charge of your estate planning, so make sure that you have chosen the right executor to take charge after you're gone.
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Illustration by Terry Allen Copyright 1998 Microsoft Corporation
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