While it is an honor to be named as a trusted decision maker, also known as a personal representative or personal representative, in a person’s will, it can often be a sobering and daunting responsibility. Being a personal representative requires a high level of organization, foresight, and attention to detail to meet responsibilities and ensure that all beneficiaries receive the accounts and property to which they are entitled. If you are a personal representative who is feeling overwhelmed, here are some tips to lighten the load.
Get help from an experienced attorney.
The caveat to being a personal representative is that once you accept the responsibility, you also accept the liability if something goes wrong. To protect yourself and make sure you are crossing all the “t’s” and dotting all the “i’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 is a requirement that a personal representative be represented by competent legal counsel, so it is always a good idea to discuss your responsibilities with an attorney before you take action. It is also important to note that the expense of hiring an attorney does not have to be borne by you. As a personal representative, you are allowed to hire professionals to assist you in carrying out your responsibilities, and they can be paid from the deceased person’s money. This includes professionals such as financial advisers and certified public accountants.
One of the biggest reasons that you may feel overwhelmed as a personal representative is that the details can come at you from all directions. Proper organization helps you conquer this problem and regain control. We will advise you of what to do and when. You will need to gather several pieces of important paperwork to get started. It is 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. As you continue with the administration process, you may be required to open or manage the deceased person’s bank accounts. It is important that you keep records of all transactions that occur because you will be required to account for how money has been spent. It is also important that you keep all of the deceased person’s finances separate from your own. Do not deposit money into your personal account.
Establish lines of communication.
As a personal representative, you are the liaison between multiple parties involved in the probate process: the courts, the creditors, the Internal Revenue Service, the beneficiaries, 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 keep the process flowing smoothly and reduces the risk of disputes. It is worth repeating because it is so important: keep records of all communications, so you can always recall what was said to whom.
If you have been appointed as a personal representative and are feeling overwhelmed, we can provide skilled counsel and advice to help you through the process. We are probate attorneys and can represent you in your Superior Court probate. We can also help you draft your own estate plan so your family can avoid the stress of probate. Give our office a call today for an appointment. We look forward to hearing from you.
Our Estate Plan
$3,497 for a single person and $4,497 for a couple. If you bought our Gold LLC within four months of the date you pay for your estate plan you get a $1,000 discount. This plan includes a revocable living trust that provides that the assets in your trust pass automatically on your death (or on the death of both spouses if you are married) to an irrevocable beneficiary controlled asset protected trust created for each of your heirs and their descendants. Your heirs inherited assets in their trusts will be protected for life from their creditors, ex-spouses and bankruptcy courts. Each heir's trust is also a "dynasty trust" that creates a trust for your heirs children on the heir's death. See "A Smart Option for Transferring Wealth Through Generations: The Dynasty Trust."