Three Tips for Overwhelmed Executors

It isn’t necessarily an honor to be named in a person’s will as the personal representative or executor. While you can take some satisfaction that your loved one thought enough of you to trust that you could act in that position, the duty you have been given can often be a sobering and daunting responsibility. Being a personal representative requires a high level of organization, foresight, and attention to detail to meet responsibilities and ensure that all beneficiaries receive the assets and property to which they are entitled. If you are a personal representative who is feeling overwhelmed, here are some tips to lighten the load.

1. Get help from an experienced attorney.
Once you accept the responsibility as personal representative, you also expose yourself to liability if something goes wrong. To protect yourself and make sure you are doing things properly, hire an experienced probate and estate planning attorney now. Having a legal professional in your corner not only helps you avoid pitfalls and blind spots, but it will also give you greater peace of mind during the process. While not required in Michigan, even probate judges acknowledge that it is advisable that a personal representative be represented by competent legal counsel. The cost of the attorney involvement will be paid from the deceased person’s assets. The expense will turn out to be a wise investment and ensure that matters are handled properly.

2. Get organized.
One of the biggest reasons that you may feel overwhelmed as a personal representative is that the details can come at you from all directions. Proper organization is critical. Your legal counsel will advise you of the information and paperwork necessary to get started and what additional information or action is needed going forward. It is a good idea to create a file or binder so you can keep track of the original estate planning documents, death certificates, bills, financial statements, insurance policies, and contact information of beneficiaries. As you proceed through the administration process, you may be required to open or manage the deceased person’s bank accounts. It is important that you keep records of all transactions that occur because you will be required to account for how money has been spent. It is also important that you keep all of the deceased person’s finances separate from your own.

3. Establish lines of communication.
As a personal representative, you are the liaison between multiple parties involved in the probate process — the courts, creditors, IRS, heirs, and beneficiaries. Create and maintain an up-to-date list of everyone’s contact information. Also, retain records such as copies of correspondence or notes about phone calls you make as personal representative. Open and clear communication helps keep the process flowing smoothly and reduces the risk of disputes. It is worth repeating because it is so important: keep records of all communications, so you can always recall what was said to whom.

We can help.
If you have been named as a personal representative and are feeling overwhelmed, we can provide skilled counsel and advice to help you through the process. We can also help you create your own estate plan so that your family can avoid the stress of probate. Give our office a call today for an appointment. We look forward to hearing from you.