Legal Tea

Episode 214. Cautionary Tales - Picking the Right Executor and Trustee

Sep 16, 2025
Choosing the right executor and trustee is critical, but many overlook its importance. Discover real disaster stories that highlight red flags to avoid, like financial troubles and reluctance to serve. Learn the traits of a trustworthy fiduciary, and weigh the pros and cons of family versus professional choices. Explore how an executor’s location can complicate responsibilities. Finally, gather key takeaways on effective communication and backup planning to protect your estate and beneficiaries.
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ADVICE

Begin With Someone You Trust

  • Start by picking someone you genuinely trust to handle your affairs and not take advantage of the role.
  • Choose a person who keeps records, pays bills on time, and won't lose paperwork under pressure.
ADVICE

Watch For Red Flags

  • Avoid selecting anyone with serious financial, legal, or addiction problems to serve as executor or trustee.
  • Talk to the person first and explain the responsibilities to confirm they're willing and able to serve.
ADVICE

Factor In Location Realistically

  • Factor in location because executors often need to visit banks, attorneys, and property in person.
  • Accept out-of-state choices only if they have time, organization, and willingness to travel.
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