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  • Blog

5 Factors to Consider When Naming a Personal Representative

3/21/2018

26 Comments

 

5 FACTORS TO CONSIDER WHEN NAMING A PERSONAL REPRESENTATIVE

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So you’ve decided to have your will and estate plan drafted. This process involves identifying what assets you own, where they should go and how they should be given to the recipient. Another important step in estate planning is choosing an individual to oversee the entire process once you’re gone.  This person was once called an executor, but under current Massachusetts law the term is "personal representative."

The personal representative plays a critical role in the management and distribution of your assets after your passing. To have control over the individual chosen for this responsibility, you must name the person in your will. If you do not, the court will select a representative for you.  This will most likely be your spouse or a close relative, but not necessarily the person in your life who is best suited to the task.

Dealing with funeral arrangements and legal matters can be an emotional and challenging process, which is why choosing a personal representative is a critical decision. Below, we’ve listed five factors to consider when naming this individual:

1. Trustworthiness

When handling finances and personal affairs, you would like your personal representative to be someone close to you and honest, whom you can trust. This is why many people opt for relatives, such as their child or spouse. Close family members may have a deeper understanding of your intentions and a personal desire to carry out your wishes. However, to avoid internal family conflict, it is also common for people to choose a trusted friend who is not also a beneficiary of your estate, and has no vested interest other than getting through the process and ensuring that everything is distributed to the people who are supposed to receive it.

2. Responsibility and Availability

Aside from trust, your representative should understand the importance and length of time required for successful completion of their role. This person is in charge of submitting your will to the court and handling your finances after your passing. Your beneficiaries will look to the executor for distribution of your assets, as well as notifying everyone, including creditors, of your passing. Probate can take months and sometimes years.  You may have family members who you trust completely, but who are not the right choice for a task that will require their consistent attention for a long period of time, either because of their personalities, or because they have significant other demands on their time.

3. Well-Organized

As mentioned above, the appointee is left with many tasks. After the probate process, where the court deems your will is a legal document, they have a list of jobs to complete. This includes gathering and identifying all of your assets, taking inventory of your estate, terminating your credit cards, filing your final tax returns, paying off funeral costs and bills using your estate funds, and so on. The individual must be well-organized and able to keep up with valuable information of your life, while still managing their own.

4. Location

Depending on your residency, some states legally require your appointee to live in the same state, unless they’re a relative. Be sure to check your state’s law before naming a personal representative, in case it imposes preconditions.  Whether required by law or not, you should consider the logistics involved and the extent to which someone located far away will be in the best position to handle them.  That said, your priority should be picking the right person, and if the right person happens to live out of state, know that he or she can also hire legal counsel or other help to handle matters on the ground.

5. Age & Wellbeing

Last, but not least, you should consider the age and health of the prospective personal representative.  Many people, if they make their estate plans when they are younger, include parents as personal representatives or guardians of minor children, but it may be a good idea to re-think this, especially as you (and your parents) get older.  Because they are expected to carry out your wishes and legal affairs long after your passing, it’s wise to choose a personal representative who is younger and in good health.

Be sure to get approval from the person you choose as your personal representative before naming them in your will. It’s vital that the individual understands their responsibility and can commit to the role. It is also recommended to appoint a successor, or even more than one successor, in case your primary choice is unable to meet demands.

Another simple thing that is often overlooked is that your personal representative should be told where to find your will and other estate planning documents.  Too often we have seen families spend unnecessary time and energy just trying to locate these basic documents.  Wherever you decide to keep them, consider sending a set of instructions to your personal representative so that he or she can immediately get to the business of getting your estate finalized and distributed.
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For more information regarding this individual’s responsibilities, or assistance in choosing one, our knowledgeable lawyers at SLNLaw are here to help.

About slnlaw

We are a Massachusetts law firm focused on business law, employment law, and estate planning. Our team includes attorneys with large law firm experience, public service experience, experience working with small businesses on a wide variety of matters, an attorney with an advanced degree (LLM), and a former clerk to the Massachusetts Supreme Judicial Court.  Attorney and founder Emily Smith-Lee has been named to the Massachusetts Super Lawyers list every year since 2013, and was recently named a 2018 Lawyer of the Year by Massachusetts Lawyers Weekly.  Our lead estate planning attorney Jenna Ordway has been recognized as a top estate planning attorney, and has published a book about estate planning in Massachusetts.
 
What We Do
  • Employment Law: We advise both businesses and individuals about Massachusetts and federal employment laws, and represent them as needed in litigation if a lawsuit cannot be avoided. 
  • Business Law: In addition to providing advice on employment matters and defense of employee lawsuits, we can help you set up your new business, review your agreements with vendors and customers, resolve or litigate business disputes, and much more. 
  • Estate Planning: We provide customized plans for individuals and families to help minimize your estate tax liability, protect and preserve your assets, and ensure that the people in your life are taken care of the way that you want.  We can help you with wills and trusts, planning for a child with special needs, planning for the cost of long term care, and more.
​We also have an extensive network of other professionals, some lawyers in other practice areas and others who are non-lawyer professionals who offer services that our clients frequently need.  If the problem you need solved is not one that we handle, we are happy to provide a referral to someone we know you can trust.
Testimonials

"Emily, a chief partner, and the two other lawyers who worked on my case were extremely competent and approachable. They were responsive to inquiries and they thoughtfully explained, as needed, complex legal terms. I was very well represented at each stage of a protracted legal case against a major national firm."  Brian R

"It was a pleasure working with Emily Smith-Lee on a business matter. She willingly shares her expertise and always listens to her clients' concerns. Emily's caring demeanor puts people at ease immediately. The outcome of my experience was quite favorable. I would highly recommend them."  Camille B.

​"Emily is an incredible resource of knowledge on employment law. She helped guide us on how to structure our employee classifications and made adjustments to our consulting agreements so our business is better protected and positioned. She's both law-savvy and business minded - great asset to have when launching/growing a business."  Diana B.

"SLN represented me in a complicated employment-related dispute. What could have been a prolonged nightmare for me was handled swiftly and skillfully, and with fairness and dignity."  Smita N.

​"Previously, I spoke with a couple other lawyers and I did not feel comfortable with their approach prior to calling Emily. Jenna did an excellent job in assessing what I wanted to accomplish and completed my will, trust and other documents in a very short time. I am so happy I made the right choice in choosing slnlaw as my estate team."  Evelyn W.

"Long overdue public words of gratitude for Emily and her associates' work on my behalf.  They were so very respectful of me during an emotionally and financially ridden time- and that mattered more than the positive result.  May all clients have such advocates on their sides!"  Donna B.

"Emily helped our LLC in crafting an international sales agency agreement. She took the time to listen and learn about our business as well as ask about our short and long terms goals. She has a deep understanding of business contract law and was able to explain things to us clearly without being overly legalese. We would recommend SLN Law without hesitation!" Michael M.

Read more on our reviews page ​​
26 Comments
Eli Richardson link
10/30/2019 12:48:15 pm

I appreciate how you said that you should choose a representative that is well-organized and able to keep up with valuable information. My parents are looking into attorneys to help them plan their estate and write their wells because it is such a serious matter to consider. I’ll pass on your tips so they can find a responsible and flexible representative.

Reply
Ron Booker link
2/17/2020 12:25:00 pm

I appreciate how you said that you should choose an attorney that will have your case in order to keep up with important information. My parents are looking into attorneys to help them plan their estate and write their wells. Finding someone who has the right experience would be really helpful as well, so I will be sure to help them find one.

Reply
burt silver link
4/16/2020 10:29:33 am

I like how you said that one should gather all of the assets and make an inventory of the estate. My father told me that he would like to write a trust because he does not want to leave without handling that. I will recommend him to check that with a professional so he can make sure everything will be left as he wishes.

Reply
Trust Lawyer Wellington link
7/3/2020 05:57:36 am

This blog happens to be one of the best blog analyzing 5 factors to consider when naming a personal representative. It is just a proper critique blog, would suggest others it as well.You have done an excellent job with this content I must say.

Reply
Kyle Steller link
8/6/2020 10:22:41 pm

Having a personal representative on making estate planning is a wise decision. It's good to choose those who are trustworthy and well organized. Well done.

Reply
Cagla Basar Law link
8/25/2020 04:35:59 am

Thanks. It is good

Reply
Franklin White link
9/10/2020 01:47:23 pm

Thank you for explaining how you should hire a representative who understands how important their role is in the case. My dad wants to take his ex-employer to court because he was fired wrongfully. I'll tell him to get an attorney who will represent him seriously.

Reply
Taylor Hicken link
9/24/2020 09:35:14 pm

You made a good point when you mentioned that looking for someone who is a well-organized as your personal representative. A friend of mine just discovered that he had a few months left to live since he is having stage 4 stomach cancer. I would advise him to hire someone who is experienced and well-organized to manage his estate plan so his family's future is guaranteed.

Reply
megan alder link
10/21/2020 01:55:48 pm

My husband and I are looking for advice to choose an estate attorney. I´m glad that you talked about the importance of choosing a representative that will be well organized and responsible for your case. We will definitely interview a couple of different lawyers to determine which one is the best.

Reply
Kristofer Van Wagner link
12/9/2020 10:26:23 pm

I do agree that when choosing a probate attorney, it is advisable for us to choose someone who is well-organized. By hiring an attorney who is organized, we would not have to worry about misplaced documents or whatsoever. My aunt needs a probate lawyer for her estate. I will remind her to hire someone who is known to be organized.

Reply
Trust Lawyer link
2/12/2021 11:33:17 am

Here we get to know about the 5 factors to conider when naming the personal representative. It helps us to decide that which one is best among its types. I enjoyed reading this article and would suggest others it as well. Thank you for this article! This is really very informative for us.

Reply
Eli Richardson link
2/16/2021 11:27:04 am

It really helped when you mentioned it's important to hire a lawyer that's responsible and adjusts to your schedule. A few days ago, one of my parent's friends passed away. The family is having an extremely hard time with all the funeral issues going on. Plus, they're dealing with their assets because he didn't leave a will or anything. That's why I think they should consider hiring a lawyer to help them figure out what to do next. I appreciate your tips about what to look for in an attorney.

Reply
Tez link
2/17/2021 05:42:29 pm

Great tip about getting a representative to help with tax liability. I need to get a lawyer to help me draft a will. I need it to include my wife and my 3 stepkids.

Reply
Adam Golightly link
2/26/2021 08:24:11 pm

My aunt has been thinking about getting some better plans for her life when she passes away. She would really like to get some help from a professional that can help her get the right will. It was interesting to learn about how she should get the right documents to give to their representative which can get some better results.

Reply
Rebecca Gardner link
3/10/2021 03:04:08 pm

I'm glad you mentioned that our personal representative has to be named in our will or else the court will pick one for us. My sister and her husband are interested in meeting with an estate planning lawyer within the next couple of weeks so they can have peace of mind when they start a family. I'll share this info so they have a better idea of what questions they'll need to answer when they start working with a lawyer soon.

Reply
Erika Brady link
3/11/2021 02:25:21 pm

My parents are in their 60s and want to make sure that they have a will and estate plan set up so that my siblings and I can inherit their things if they pass unexpectantly, especially their home that they've already paid off. I'll let them know that they will want to choose a representative themselves so that the court doesn't pick one for them. Maybe it would help for them to contact our relatives or even their friends that they trust and to also find a probate attorney they can work with to set up their will and ensure everything is how they want it.

Reply
Braden Bills link
3/12/2021 12:12:52 pm

I'm trying to get my will figured out, but I'm not sure how to do it. It makes sense that choosing a personal representative would be important. I'll make sure that I choose one that I can trust. That way, I can ensure that everything gets carried out how I want it to be.

Reply
Zachary Tomlinson link
5/11/2021 09:59:05 am

It totally makes sense to look for a lawyer who lives around your area to help you during emergencies. My uncle is worried that his relatives might fight over his assets upon his passing. Maybe he should look for one of these law experts for estate planning advice when he's able!

Reply
Hailey Miller link
7/19/2021 08:12:17 pm

Thanks for pointing out that close family members may have a deeper understanding of our intentions and a personal desire to carry out our wishes. My husband and I are planning ahead by saving up every month to secure our five children's futures. We are hoping to find a trust lawyer on Monday who can help us manage our assets to ensure no conflict and confusion will arise between our loved ones.

Reply
Orange County Divorce Attorneys link
4/30/2022 01:17:54 pm

Your beneficiaries will look to the executor for distribution of your assets, as well as notifying everyone, Thank you for sharing your great post!

Reply
Orange County Family Law Attorneys link
4/30/2022 05:06:47 pm

You must name the person in your will. If you do not, the court will select a representative for you. I’m so thankful for your helpful post!

Reply
John Carston link
7/20/2022 11:00:19 pm

It's great that this article talked that your assets should be understood for the right process. I remember when my father told me last night that he was planning to start estate planning for his assets, and he asked if I had any idea what would be the best option to consider. You did a great job explaining the importance of planning, I'll tell him that it will be much better if we consult an estate administration attorney as they can answer all our inquiries and would help him throughout the process.

Reply
Victoria Addington link
8/12/2022 01:32:59 am

It was most captivating when you mentioned that the probate process will allow your will to be considered a legal document. My friend is having a hard time with his probate process. I should advise him to seek help from a lawyer that provides probate assistance.

Reply
Iris Smith link
8/26/2022 04:17:45 am

I'm delighted that you pointed out that we must select a personal representative in our will or the court will choose one for us. In order to have peace of mind when they start a family, my husband and I are interested in visiting an estate planning attorney. We are looking for a trust attorney that can assist us in managing our resources and securing the future of our kids.

Reply
Iris Smith link
8/31/2022 08:43:32 pm

Thank you for mentioning the executor who will handle your finances after your death and file your will with the court. I wish to include my children in the will so that they will inherit my possessions in the event of my passing. I'll hire a wills trust attorney to assist me with the paperwork and to manage my assets once I pass away.

Reply
Mia Evans link
1/18/2023 07:13:26 pm

Thanks for helping me understand the process of probate will take months and years to finish. I will share this information with my best friend to ensure that they hire a probate attorney to get the outcome as fast as possible. They have issues with the properties of her mother who passed without having the chance to create her wills and testaments.

Reply



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