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Naming
an executor
An executor is the person named by a testator (someone who has
made a valid will) to carry out the terms of the will, ensuring
that debts are paid, accounts are closed and beneficiaries receive
bequests (possessions being left to others as written in a will).
You may name more than one person to be executor of your will,
but think carefully when choosing. Don't, for instance, name a
pair of sisters who are known to squabble incessantly to administer
your estate, or your children if their relationships are precarious.
Consider naming a level-headed family friend, or a lawyer, as
executor. Impartiality goes a long way towards achieving a peaceful
winding up of your affairs.
You
also help your executor immeasurably if you die leaving your financial
house in order, a comprehensive will, and a list of important personal
possessions and their intended recipients. Leaving your survivors
to flip coins or arm wrestle for items of sentimental value is a
recipe for trouble. It's generally wise to ask someone if they'll
be the executor of your will, giving them the opportunity to decline.
An executor is charged with carrying out his or her fiduciary duty
with honesty, diligence and good judgment. Even if a person has
agreed to be the executor of your will, (s)he can change (her) his
mind afterwards, and even after you've died. For this reason, it's
prudent to name at least one alternate. You should know that if
none of your named executors are willing to undertake the task when
the time comes, the court will appoint one.
The
law places some restrictions on who you may appoint as your executor.
Your executor must be a U.S. citizen, who is a competent adult and
without a felony conviction. There are various regulations with
respect to naming an executor who lives in another state, which
may persuade you to choose someone who lives close by.
Although
it shouldn't be -- and rarely is -- a motivating factor, executors
are paid for their work. The fee is regulated by your state's laws
and comes out of your estate.
An
executor's role
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