How To Choose A Personal Representative
One of the most important aspects of a Last Will and Testament is naming the person who will be responsible for managing the distribution of the estate after your passing. In Massachusetts, this person is known as the Personal Representative, or executor, of the estate. It is critical that the right person is chosen for this task, and the experienced estate planning lawyers at Fisher Law in Norwood are here to help. If you would like assistance appointing a Personal Representative or help with any other aspect of your estate plan, call or contact our office today to schedule a consultation.
Appoint Someone Eligible
A Personal Representative for an estate in Massachusetts must be a legal adult, eighteen years old or older, and someone of sound mind. If there are concerns about appointing someone who may have cognitive impairment issues like dementia by the time they take on this role, it may be prudent to name a secondary representative who can take over if this situation arises. The law allows for a Personal Representative to be someone who resides in Massachusetts or outside of the state; however, the further away the individual lives the more difficult it may be to manage the affairs of the estate during the probate process.
Choose Someone Trustworthy
It is critically important that the Personal Representative selected to manage the estate is trustworthy. As they will have control over all the assets of the estate during the probate process, this person must be trusted with the ability to distribute the estate per your wishes. The executor must be someone who has your best interests at heart, which could mean appointing a family member or electing someone outside of the family to assist in the probate process.
Consider Experience
For simple estates with minimal complications, a trusted friend or family member may be able to handle the majority of the duties of a Personal Representative on their own. However, if the estate is large, contains complex assets, or involves a more complicated distribution of the estate it may be prudent to consider appointing someone with experience as the Personal Representative. Institutional representatives like a bank or estate planning lawyer have the experience necessary to handle a complex estate.
Appointing someone like an estate planning lawyer also alleviates the burden of the probate process from a family member who is still grieving your loss, and it can avoid issues when families are blended or if there is a chance that someone might contest the estate plan during the probate process. To learn more about appointing a Personal Representative for your estate, talk to our office today.
Call or Contact Us Now
Are you interested in creating an estate plan or wish to learn more about how to appoint a Personal Representative for your estate? If so, the experienced and knowledgeable Norwood estate planning lawyers at Fisher Law are here to help. Call the office or contact us online to schedule a consultation of your legal needs today.
Source:
malegislature.gov/laws/generallaws/partii/titleii/chapter190b/articleiii/section3-703#:~:text=A%20personal%20representative%20shall%20have,best%20interests%20of%20the%20estate.
