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  • Home
  • About Us
    • Gratia Schoemakers
      • Community Outreach Program
    • Testimonials
  • Virtual Services
  • Estate Planning
    • Estate Planning Basics
    • Last Will and Testament
    • Revocable Living Trusts
    • Durable Power of Attorney
    • Medical Power of Attorney
    • Living Will
    • Family Estate Planning
    • LGBTQ Estate Planning & Asset Protection
    • Kids Safety Plan™
    • Business Succession Planning
    • Guardianship
      • Guardianship Planning
    • Special Needs Planning
    • Legacy Preservation Planning
    • Asset Protection
    • Trusts
    • Pet Trusts
    • Gun Trusts
  • Probate
    • Texas Probate Guide
    • Probate of a Will
    • Texas Affidavit of Heirship
    • Texas Small Estate Affidavit
    • Texas Heirship Determination
    • Texas Muniment of Title
    • Trust Administration
  • Family Law
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Custody / Visitation
  • Blog
  • FAQs
    • FAQs – Videos
    • FAQs – Estate Planning
    • FAQs – Beyond Money in Estate Planning
    • FAQs – Divorce and Estate Planning FAQs and Myths
    • FAQs – Estate Planning for Newlyweds Myths and FAQs
    • FAQs – Estate Planning for Young Adults
    • FAQs – The Estate Planning Cast of Characters
    • FAQs – Expecting an Inheritance
    • FAQs – Myths and FAQs – Planning for Conflict Prone Families
    • FAQs – New and Expanding Families
    • FAQs – Pet Trusts
    • FAQs – Probate
    • FAQs – Standalone Retirement Trust Myths and FAQs
    • FAQs – Trust Modifications
    • FAQs – Unwinding Obsolete Planning
    • FAQs – Why You Want to Avoid Probate
    • FAQs – Year-End Planning Myths and FAQs
  • Contact
    • Virtual Estate Planning Login
    • Client Portal

3 Tips For Overwhelmed Executors

September 19, 2022 By Gratia P. Schoemakers, Esq.

While it is an honor to be named as an executor of a will or estate, it can also be a sobering and daunting responsibility.  Being an executor (sometimes called 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 to which they are entitled.  If you’ve found yourself in the position of “overwhelmed executor,” here are some tips to lighten the load.

1. Get professional help from an experienced attorney.

Overwhelmed Executors

The caveat to being an executor is that once you accept the responsibility, you also accept the liability if something goes wrong.  To protect yourself and make sure you’re crossing all the “i’s” and dotting all the “t’s,” hire an experienced 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.  In fact, in some states it’s a requirement that an executor be represented by competent legal counsel, so it’s always a good idea to discuss your responsibilities with an attorney before you start taking any actions.

2. Get organized.

One of the biggest reasons for feeling overwhelmed as an executor is when the details are coming at you from all directions.  Proper organization helps you conquer this problem and regain control.  We will advise you of what to do when, but in general, you’ll need to gather several pieces of important paperwork to get started.  It’s 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.  Bringing all of this information to your first meeting will be a solid start.

3. Establish lines of communication.

As an executor, you are effectively a liaison between multiple parties related to the estate: namely, the courts, the creditors, the IRS, and the heirs.  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 executor.  Open and honest communication helps keeps the process flowing smoothly and reduces the risk of disputes.  It’s worth repeating because it’s so important – keep records of all communications, so you can always recall what was said to whom.

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

Filed Under: Estate Planning Tagged With: Executor, Family Law

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