Who is the Right Person to be an Estate Executor?
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Who is the Right Person to be an Estate Executor?


What are the characteristics of an ideal
executor? That’s the question. I’m gonna answer for you
today on Ohio Estate and Probate Q and A I’m your host Scott
Hoberg and this is the show where I answer questions that you
have involved in the estate planning and probate process here
in Ohio. If you have questions about estate planning
and probate, you can go to Denver Law dot com slash meeting
and schedule a time to talk. That’s Denver Law dot com slash
meeting and schedule time to talk over the phone or in person
to discuss your estate planning. Probate needs now naming
in the executor is one of the most important things that you
can do when you create your will because frankly, it is the
person that will be carrying out the your will improbable court.
Now an executor is somebody that you name that appears in court
and make sure that your desires in the will are followed
through with oftentimes. we name our spouses as executors and
if they have some assistance with an attorney. That’s very helpful
in many circumstances, however, you do wanna make sure
that whomever that you name your your executor that they have
a number of characteristics in terms of you know being able
to fulfill their duties and because of that, you wanna make
sure that whoever that you name kinda follows the you know follows
and fills out these boxes that I’m about to list now the first
characteristic of an ideal executors somebody that’s organized.
you know somebody that is willing to keep. Somebody that’s
able to show what comes in and what comes out because that’s essentially
what an executor has to do in Probate court. You know
they have to follow inventories with probate Court listing
all the assets of a loved one but they also have to
show where all the assets went in wrapping up the Affairs of the
estate. You know they will also have to keep track of receipts
or expenses incurred when it comes to an estate. Whether we’re
talking about you know issues involving reimbursements
for utilities the funeral bill or you know just kinda nickel and
dime. Off that needs to be done in order to make sure that
at the end of the day that there’s an even balance in terms
of again, what comes in and what comes out of an estate so Organization
is very important. It’s also important to find somebody
that’s dependable or somebody that is able to fulfill
the duties when they say that they’re going to do them. You know
a state planning is making sure that your desires are followed
through with when you’re not able to speak up for yourself
and because of that, you wanna make sure that you. You know
assign somebody that is who is able to fulfill those duties
quickly and also in many cases you know when you’re dealing with
with probate court matters, you know probate courts follow a
timeline. You know things need to be wrapped up. You know in a
timely and orderly fashion unless there’s a really good reason
not to and you know disorganization and just because
an executor is not dependable. It’s not a good reason, so you wanna
make sure that there’s somebody that’s able to follow through
with the. That’s able to follow through with the rules and
also somebody that respects rules. that’s probably you know
characteristic number three somebody that’s willing to follow
the probate code somebody that’s willing to listen to advice
of attorneys to make sure that the laws are being abided by
you know and ultimately that they follow through with what happens
in the will or what the will ask them to do because you
know if you you don’t wanna name somebody to be your executor
who’s going to run against what you want to have happen in
your will. That defeats quite a bit of the purpose of having a well-worn
name in an executor, so make sure that your executor
is willing to follow through with what those needs are because
oftentimes if they don’t you know the probate Court court, they
make sure that these things are followed through with so what
you’re doing ultimately is potentially creating additional
delay, which is something that you know when it comes to loved
ones, they don’t wanna have happen. You know Probate court should
be efficient. It should be steady it should be in and out.
it should be fairly straightforward, so you don’t want
somebody in there that can kinda throw you know a wrench in
those those requirements just because that they’re not dependable.
finally you don’t necessarily need to choose somebody
that is your closest relative. You know again. If you’re
closest relative doesn’t necessarily fit these boxes neatly
yeah, you can name somebody else. They probably won’t take it
offensively and frankly they may be glad because they may not
want to you know fulfill these duties that they don’t have to you
know if you’re especially if you’re gonna names a loved one to.
Without bond, you wanna make sure that you know they you know
that their word isn’t good enough bond for them to do what
they need to do so you don’t necessarily have to do a love name
a very close loved one. You know you can name your CPA if they’re
willing to take it on, but you have to make sure it’s somebody
that is willing to serve as your as your executor because
if you don’t then they can just say hey, I don’t wanna
serve this in this capacity. I don’t wanna have anything to do
with it and then you kinda have to move to the next person on your
depth. So hopefully you have enough people on your depth chart
in order to do that. But if you don’t you wanna really reconsider
naming somebody that may not want to serve as your executor
to be your executor and then finally you wanna have somebody
that is geographically close to you know to the probate court where
you live. it’s not a requirement anymore. it doesn’t
have to be that stringent you know, frankly, you know you know
living here in Cincinnati. You know it. you know you don’t have
to. Somebody that’s a resident of the state of Ohio. They can live
in Kentucky if you want but you want to name somebody that’s
geographically close just because of ease of administration.
you don’t wanna have to wait for things to to come through the
mail, which could delay things by a number of weeks, and
then because of that weeks can sometimes turn into months so having
somebody that’s on the ground that can serve as your executor
is probably in the idea way of making sure in a state as
administer. However, Indiana any of these circumstances. whoever
is named to be your executor can actually have an attorney
to help them out and in these circumstances. Is something
that I often do so if you have questions about you know the
roles of an executor. If you’ve been named an executor, let
me know I’d be happy to answer them for you. You can go
to Denver Law dot com slash meeting and schedule a time to talk.
Hopefully this gives you an idea of some of the characteristics
that can be helpful when naming and the executor of your
estate. I look forward to talking to you again on a future
episode of Ohio State and Probate Q and A.

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