On July 25, 2014

Continuing from FAQs about Executors and Wills (Pt. 1), below are some more answers to frequently asked questions about the role of executors when it comes to the administration of wills.

Whether you have been named as an executor or you need help drafting a will, you can count on the Denver wills attorneys at JR Phillips & Associates.

Whether you have been named as an executor or you need help drafting a will, you can count on the Denver wills attorneys at JR Phillips & Associates.

Q: Who can be the executor of a will?

A: Pretty much anyone – ranging from a relative to a legal professional – can be named as the executor of a will. In general, however, people tend to specifically name at least one of the following individuals to be the executors of wills:

  • A spouse
  • A child
  • A sibling
  • The estate planning lawyer who assisted in the drafting of the will.

Here, it’s important to note that, if relationships change (like, for instance, if a person ends up going through a divorce), it will be critical that the individual updates his will to ensure that an appropriate person is named as the executor of the will (and to avoid situations such as an ex taking over executor duties – especially if the divorce left the former spouses on less than good terms).

Q: What qualities should an executor have?

A: While nearly anyone can be named as an executor to a will, the most important qualities to look for when you (or a loved one) is choosing an executor are:

  • Trustworthiness and honesty
  • The ability to communicate
  • The ability to work well with others
  • The ability to stay organized and multi-task.

If an executor is less than honest or has problems being able to stay on top of deadlines because (s)he is disorganized, a number problems can arise, and this can result in a substantial portion of assets being paid to creditors (instead of the chosen beneficiaries of a will).

Q: Are executors paid for their work in administering wills?

A: Executors are entitled to payment by state laws, and probate courts may also set payments for executors (if an estate proceeds through probate). However, whether or not executors choose to request or take payment for their duties will typically depend on:

  • The executors’ relationships with the decedent
  • Whether the executor may be receiving assets of the estate (per the terms of the will)
  • Whether there are sufficient resources within the estate to make payments to the executor reasonable or feasible.

For some additional answers to frequently asked questions about executors’ roles, be sure to check out the final installment of this blog to come…

Denver Wills and Estate Planning Attorneys at JR Phillips & Associates, PC

When you are ready to develop a will or if you need any assistance with estate planning or administering wills, you can turn to the wills and estate planning lawyers at JR Phillips & Associates, PC. We provide a thoughtful, comprehensive approach to our clients’ estate planning, elder law and other legal needs, and we take pride in helping each of our clients and their families find the best solutions for them.

Our goal is to help our clients efficiently navigate the complexities of the law so they can develop effective, prudent solutions that will protect them, their assets and their families in the future.

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Let’s discuss your options during an initial consultation. To schedule this meeting, call us at (303) 741-2400 or email us using the contact form at the top of this page.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.

Categories: Estate Planning, Trustees, Executors & Fiduciaries