How To Choose The Right Executor For Your Will As A Same-Sex Couple In Travis County, TX

In this article, you can discover…

• The importance of choosing the right executor for same-sex couples and their estates.
• How to make it more difficult for family members to contest your will.
• How to choose an executor who is responsible and capable of handling tension.

Why Is It Important To Choose The Right Executor For My Will?

Choosing your executor means that you are trusting them to carry out your wishes when you pass. An executor is legally required to put the interests of any beneficiaries before their own, but this is not always the case. To be sure your wishes are respected, it is important to select an executor who you trust to both understand your intentions and carry them out on your behalf.

What Qualities Should I Look For When Selecting An Executor?

Most people select family members to serve as executors, which is wonderful if your family member is organized and committed to carrying out your wishes. However, you can choose to select a professional fiduciary if you do not have anyone in your life that you see fit to manage your estate.

Professional fiduciaries are people or companies who are legally required to carry out your will as written if you hire them to manage your estate. This may be a good option if you do not feel your family members are fit to manage your estate.

How Can An Executor Help Prevent My Family Members From Contesting My Will?

In many of our documents, we use a no-contest clause, meaning that anyone who contests your will will not receive any benefit from that will. However, case law holds that if someone has reason to contest a will in good faith, they won’t be precluded from inheriting.

We can also include specific language stating that the legal voiding of same-sex marriage will not be a good-faith cause to challenge a will. A revocable living trust may be a good option, as it passes automatically without court interference or case challenges.

Attorney Farren Sheehan is a seasoned lawyer based in Central Texas who has helped countless clients just like you navigate the intricacies of estate management. With well over a decade of focused experience in estate planning, she is prepared to assist you in setting yourself up for success so that you can feel confident that your loved ones will be provided for when you pass.

Still have questions? Ready to get started? Contact Sheehan Law today to schedule an initial consultation.

Can I Include Instructions To Manage Specific Assets Like Businesses And Properties?

The primary role of the executor is to gather assets and pay any final bills before distributing the remaining assets to the beneficiaries. This does not include an executor managing any specific assets for a prolonged period of time. When these assets are managed, they must be managed to the highest and best use of the assets. This means that they must operate in the best interest of the beneficiaries.

If long-term management is necessary, assets can be left to a trust for a trustee to take on. In this case, you can provide more specific instructions on how you would like particular assets to be managed. The executor works more on the end of distributing assets, so a trust would be a good way to put someone in charge of managing an asset in the best interest of a beneficiary.

What Risks Come With Selecting An Executor Who Is Not Emotionally Able To Handle The Responsibility?

It is common to see people who are unprepared to lose a loved one, making them struggle to manage the estate properly while handling the emotional weight of their loss. If they wait too long, they may be unable to probate or open an administration. Be sure that your executor has no conflict of interest with the estate and is emotionally prepared to deal with their responsibilities in a timely manner; this is the best way to avoid any pitfalls.

How Can I Ensure An Executor Is Prepared To Follow Through With My Wishes When There’s Tension In The Family?

If possible, one of the best ways to handle this is to sit your family down while you’re alive and talk to them. This way, you can hear all arguments, settle all disputes, and manage any issues before you pass. I actually know of an older lady whose sons would always fight over her estate before she even passed.

One day, she invited them for dinner, gave them all different colored stickers, and said, “Claim everything and fight now so that you still have a relationship when I’m gone.”

If you are not comfortable speaking about your estate or your beneficiaries aren’t prepared to hear it, you can always choose a professional fiduciary. These entities are not emotionally tied to any other beneficiaries or the assets in question, meaning they can manage them according to your wishes without any tension.

Still Have Questions? Ready To Get Started?

Are you struggling to manage your estate and need help Choosing The Right Executor For Your Will? An initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 355-0155 today.