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The Online Advisor

October 2007

Smart Business

Choosing your executor: A critical estate planning decision


An executor is the person or legal entity that you appoint in your will to settle your estate after your death. It is common practice to name your spouse or one of your children (often the first born) to be the executor of your estate. Such a choice may be entirely appropriate. However, there are circumstances where you should consider other possibilities.

Your executor will be required to gather your assets and pay debts, taxes, and expenses. The executor may be called upon to liquidate assets and will need to distribute money and assets under the direction of your will, with the appropriate legal and tax considerations.

If you do not appoint your spouse or some other family member to be your executor, what other choices have you? You could use a corporate executor, such as a bank or trust company, or you may want to choose an accountant, attorney, investment advisor, or a business associate.

Do not pass up a nonfamily executor simply because there is a fee involved. Often the conflict of interest or the contests that result by naming a family member can be far more costly to the estate than the fees charged by an outsider.

Selecting an executor for your estate is as important a decision as naming your heirs. Give some thought to the complexity of your estate and select an executor accordingly. For more details, give your attorney a call.

For details on exactly what business records you need and how long they should be kept, call us.

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