I met with a client recently who asked if I would sit down and talk to the person who she asked to serve as the Executor of her estate. She wanted to make sure that he understood what was being asked of him. He was honored to be asked but honestly didn’t understand what it meant to be an Executor, which is quite common.
After introductions, I explained he was selected to be Executor of her estate because the woman trusted him to distribute her property as she specified in her will. The estate is not large but there were specific wishes she asked to be followed and she couldn’t think of anyone else she trusted to assist her. I explained that in addition to distributing her property there may be some items requiring attention such as paying any debts or taxes and perhaps assisting with the sale of some property. However, from my perspective (as her lawyer), things are pretty straightforward as to her estate plan. She has taken the time to plan and document her wishes rather than leaving them up to someone to try to remember or interpret what her wishes would have been.
He began to relax a bit but was concerned that he still did not understand all the financial and tax issues for which he may be responsible. I told him that he was not picked because he was considered a financial wizard or savvy about tax issues. Like most Executors, he was selected because she sees him as an honest and well organized individual and would be able to work with her other trusted advisers in the probating of her estate. In other words, he was a critical member of her “team.” He would be the one to execute her final wishes by working with the other members she had already put together.
By meeting me, he now knew specifically who the testator’s attorney is and how to reach me. He was able to meet me at a time which was not after an event which can make things emotionally difficult and was able to ask questions without feeling overwhelmed by the task at hand.
My client’s planning and requesting this meeting went a long way in putting her Executor’s mind at ease. It also demonstrated how such a simple, proactive measure is able to better frame your intentions to the ones you love the most.
George Zamary is the founder of the Zamary Law Firm, LLC. Zamary Law Firm practices in the areas of estate planning, corporate and employment law, civil litigation and small business representation in both Ohio and Kentucky. Visit www.zamarylaw.com for more information and to sign-up for their newsletter or visit their page on Facebook. Zamary Law may be contacted at 513-448-4150.
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