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How to Choose the Right Executor for your Last Will and Testament

Deciding to create a Last Will and Testament is in your best interests as well as those of your beneficiaries’. The executor is one of the most important choices you will have to make during this process. Visit www.scclegal.com for more information.

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How to Choose the Right Executor for your Last Will and Testament

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  1. www.scclegal.com A Complete Guide for Choosing an Elder Law Attorney

  2. Deciding to create a Last Will and Testament or trust is in your best interests as well as those of your beneficiaries’, and your final decision on who will act as executor is one of the most important choices you will have to make during this process. www.scclegal.com

  3. Tip 1: Know the role Knowing what is expected of an executor is an important factor in making your decision. Executors are responsible for: • Filing court papers to start the process to probate a will • Taking inventory of the whole estate • Paying the necessary debts and taxes • Notifying agencies of the death • Preparing and filing tax returns and finally • Distributing assets to beneficiaries. www.scclegal.com

  4. Tip 2 – Age and health factors While life is uncertain for everyone, it makes sense to choose an executor who will likely be healthy and able enough to perform the role. For example, one of your grown children may be a better candidate than your spouse. www.scclegal.com

  5. Tip 3 – Character The ideal executor should be: • Honest • Well organized • Good at communicating with others • Fairly neutral to avoid relationship complications Families often choose a professional like an estate planning attorney or someone who isn’t a named beneficiary of the will, allowing the process to be seen as partial and unbiased. www.scclegal.com

  6. Tip 4 – Location As with all legal proceedings, probate will occur within the local court system, so your executor must be able to appear in court and file papers as well as inventory property and check the deceased’s mail easily. www.scclegal.com

  7. Tip 5 – Legal criteria In addition to your personal preferences, there are some legal criteria that must also be adhered to. Your executor must be over the age of 18 and have a clean criminal record. In the State of New Jersey, an out of state executor must also post a bond to ensure the estate against wrongful use. www.scclegal.com

  8. Contact Frank Campisano and his team at SCC Legal Whether you are dealing with issues of aging parents, disputes over Medicaid and health benefits, or simply needing to understand how to safely pass your assets to your children instead of the government, SCC Legal can help! Call (973) 787-0299 or visit www.scclegal.com www.scclegal.com

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