On July 31, 2014

Here is the conclusion to our three-part blog FAQs about Executors and Wills. If, after reviewing these FAQs, you have additional questions or are ready to move forward with any aspect of estate planning, you are encouraged to contact the Denver wills and estate planning lawyers at JR Phillips & Associates, PC.

If, after reviewing these FAQs, you have additional questions, contact the Denver wills and estate planning lawyers at JR Phillips & Associates.

If, after reviewing these FAQs, you have additional questions, contact the Denver wills and estate planning lawyers at JR Phillips & Associates.

Q: Who cannot be named as an executor to a will?

A: While people will have a wide range of options when it comes to choosing executors, there are some limitations as to who can legally serve in this position as a fiduciary. Specifically, people who cannot legally serve as executors include individuals who:

  • Are not at least 18 years old
  • Are convicted felons.

There may be additional limitations in cases when an executor doesn’t live in the same state as a decedent/the person who drafted the will. Therefore, it’s always a good idea to work closely with an experienced estate planning attorney when drafting a will to ensure that there are minimal complications associated with your choice of an executor (and/or alternate executors).

Q: Can executors hire other professionals to help them?

A: In general, yes. For instance, executors may need the help of an accountant when it comes to calculating and paying the taxes for an estate, and hiring this type of professional can be covered by the assets of the estate (as long as there are sufficient assets).

Q: If I’ve been named an executor, should I hire a lawyer?

A: Yes! One of the biggest mistakes that executors of wills can make is NOT hiring an attorney to help them administer the terms of the will appropriately. The fact is that even the most seemingly straightforward wills can quickly become complicated to administer and may even trigger contentious disputes among beneficiaries (or, in some cases, accusations that an executor has breached his fiduciary duties).

With the assistance of an experienced attorney, executors can make sure that they are legally and appropriately administering a will and that they can get all of the matters of the estate settled as efficiently as possible.

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.

While this means that we provide personalized attention at every step of the process, it also means that our clients can rely on our Denver wills and estate planning attorneys to always be competent, caring and professional while providing them with the highest quality of estate planning legal services at affordable rates.

Contact Us

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