Usually, the other children see the reasonableness of the choice—and may even be relieved that they won't have the responsibility and work of serving as executor. As a backup, you could name the other children as alternate executors of the estate. That way, if your first-choice executor does not survive you or is unable or unwilling to serve, the alternate executor takes over.
This strategy lets all the children know that you trust them with your estate and just want to make sure things are handled efficiently. There are some situations in which it can make sense to name co-executors. For example, you might want to name your spouse as your executor, but worry that he or she might not be able to handle probate of the estate alone.
In that case, a co-executor can provide needed assistance, ensure that your will's instructions are followed correctly, and reassure beneficiaries that their inheritance is being handled competently.
Or perhaps you own a business that your spouse isn't involved in. Naming a business partner or attorney as co-executor will help ensure that decisions regarding the business will be handled appropriately and that your business partners' concerns will be addressed.
To learn more about making a will, check out Nolo's section on Wills. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. It is difficult to say whether it is easier or harder to have a co-executor administer an estate plan with you, but we can tell you that it will make things different. If the will names co-executors then it is important to know that:. It is also important to know that having a co-executor does not relieve you of any responsibility.
It is still your legal duty to carry out the administration of the estate properly and in accordance with California law. If you do have questions it is important to get those questions answered before you take action that could potentially make things more difficult for you or get you into legal trouble. With good planning and communication ahead of time, however, you may be able to name one Co-Executor to serve as the traditional Executor and one Co-Executor to serve as the Digital Executor.
Buy the book that prepares you for the unexpected. Skip to main content. This means that: Co-Executors must collaborate on decision-making and information-sharing with regard to settling the estate Co-Executors must act together in all matters related to settling the estate Co-Executors may be called on to perform certain duties together, such as going to court to submit the Will to probate or signing checks on behalf of the estate.
If the two Executors you name don't live near each other, this can present serious problems. Reasons To Name Co-Executors In Your Will One of the main reasons to name Co-Executors in your Will is if you have a wide variety of different types of assets that require the expertise of very different people.
Reasons Not To Name Co-Executors In Your Will Many estate attorneys believe that naming Co-Executors is a risky idea, mostly because by naming Co-Executors you're giving multiple people the same power over the same estate, which can lead to unnecessary disagreements, confusion, and complexity.
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