When it comes to estate planning, one of the toughest decisions you’ll have to make is selecting a person to carry out the instructions outlined in your will. This decision can be overwhelming and stressful for many people. However, it’s crucial to choose someone you trust to manage and execute your estate after you’ve separated. If you fail to name an executor, the court will appoint someone for you. This could mean someone you don’t trust will carry out your final wishes. Keep reading to learn who you should choose as an executor for your estate and discover how a proficient Montgomery County Estate Planning Attorney can help you protect your future.
What factors should I consider when choosing an executor for my estate?
When estate planning, designating an executor is one of the most crucial aspects of ensuring that your final wishes are carried out as you dictate in your will. That said, you should first understand you need to choose someone who meets certain criteria. If you fail to meet the requirements, the court can disregard who you’ve named and appoint someone else they deem qualified. In Maryland, an executor must be 18 years or older and capable of administering the estate. Therefore, you must consider whether the individual you want to appoint as your executor has these qualifications.
From here, you should consider whether the individual you want to name as your executor is responsible. An executor has several responsibilities they must fulfill. This includes but is not limited to paying bills, preparing taxes, obtaining information from banks, and giving instructions to financial institutions. They may also need to hire lawyers, advisors, and experts to help them understand the most effective ways to carry out your wishes.
Moreover, you should consider whether the individual is honest. If you entrust the wrong party with your estate, you risk them taking advantage of your heirs and stealing your hard-earned assets. If a dishonest executor embezzles from the estate, your intended beneficiaries could be left with significantly less than you intended. To avoid this, choose someone honest.
Furthermore, you should choose someone who will not challenge your decision. In some cases, a loved one may challenge your decision to name a specific person as the executor of your estate. When this is the case, the estate will have to use money that should be passed on to your heirs to defend your choice. This can result in your heirs receiving significantly less than you intended. Therefore, you must choose someone that others will not challenge as it could waste your estate’s resources.
Choosing an executor is not easy. However, you should appoint someone you trust to manage your estate and carry out your final wishes. If you are having trouble deciding who to name as your executor, contact one of our dedicated Montgomery County estate planning attorneys who can help you make the right choice to protect your future.