7
   

Executor of will?

 
 
chai2
 
Reply Wed 31 Aug, 2011 03:22 pm
We're finally finishing this up, and we have an executor picked out.

However, it is being asked who would serve as executor is that person cannot fulfill the duties.

Our other relatives are mostly older, and don't want to choose them, as they will probably be gone before us. After a lot of thought, there is really no one else we want to ask.

Is it a good idea to just let the attorney be the executor, as long as he has instructions on what to do in the will?
 
Rockhead
 
  1  
Reply Wed 31 Aug, 2011 03:23 pm
@chai2,
I would suggest Roland.
chai2
 
  1  
Reply Wed 31 Aug, 2011 03:24 pm
@Rockhead,
He's too flighty.
Rockhead
 
  2  
Reply Wed 31 Aug, 2011 03:27 pm
@chai2,
what about Wally's friend Ed?

I just kinda naturally distrust lawyers.

(their ethics can be just a little different from ours sometimes)
farmerman
 
  3  
Reply Wed 31 Aug, 2011 03:31 pm
@Rockhead,
tru dat. My wifes aunt named her attorney as the executor and my wife and two sisters each share in a sizeable annuity since their aunt was childless and loved my wife and her two sisters.

The attornies firm has found several ways to "dip" beyond normal managerial fees. Its a crying shame that many attornies are only in it or what they can skim for themselves.
ossobuco
 
  2  
Reply Wed 31 Aug, 2011 03:33 pm
@farmerman,
Concurring with you both.
0 Replies
 
tsarstepan
 
  1  
Reply Wed 31 Aug, 2011 03:56 pm
@Rockhead,
Rockhead wrote:

I would suggest Roland.

I'm assuming you're not referring to the director of Godzilla, 2012, and The Day After Tomorrow, Roland Emmerich, right? Razz

He's flighty too!
bigboat
 
  1  
Reply Wed 31 Aug, 2011 04:33 pm
@farmerman,
Sigh. Finally, whom we can trust in this world? Everything is about business without violating any laws.
Rockhead
 
  1  
Reply Wed 31 Aug, 2011 04:39 pm
@bigboat,
to correctly use lawyers in a sentence with the word trust, the use of the word fund is summarily required...

just sayin'
0 Replies
 
chai2
 
  1  
Reply Wed 31 Aug, 2011 05:05 pm
ok guys.

People like Ed are not people we want to entrust with this.

The person who will be executor is young, 30 years old.

It asks for an alternate. Relatives are our age or mostly older, as are our good friends.

The executor is the main beneficiary also, and if she's not around, we will be leaving the estate to a couple of select people, and some charities of our choice.

If Wally and I are dead, and the first beneficiary is dead also, anything that anyone is getting would be unexpected. If a charity ends up with a bit less, well, thems the breaks.

I was more asking if this is something that is done.
0 Replies
 
chai2
 
  1  
Reply Wed 31 Aug, 2011 05:10 pm
@tsarstepan,
tsarstepan wrote:

Rockhead wrote:

I would suggest Roland.

I'm assuming you're not referring to the director of Godzilla, 2012, and The Day After Tomorrow, Roland Emmerich, right? Razz

He's flighty too!


dr. roland deschain-crane is our 5 year old cat. He is far too busy with his cardiology practice to worry about things like this.

I would no more give this responsibilty to roland than I would to field medic otis, who is responsible for all the morphine injections.
0 Replies
 
msolga
 
  1  
Reply Wed 31 Aug, 2011 10:58 pm
@chai2,
Hi chai

I realize these things can be very different in our respective countries, but do you have any government financed organizations like the State Trustees where you live?
If so, they could be a solution for you.

http://www.statetrustees.com.au/our-services

I resorted to their services while my mother (who was then suffering from Alzheimer's disease) was still alive, due to ... er ... certain "irregularities" in how how sister was managing her finances.
I could have applied to become power of attorney of my mother's affairs myself, but it seemed far wiser to me, in the circumstances, to have a completely independent body perform this function.

So although mother had nominated me as executor of her will (years ago), the State Trustees oversaw the whole process to ensure her wishes were carried out.

They were excellent. For the modest fee they charged for their services, the whole process was made far saner & trouble-free than it most likely would have been otherwise.
chai2
 
  1  
Reply Thu 1 Sep, 2011 06:40 am
@msolga,
That's a good idea olga, I'll check that out.
roger
 
  1  
Reply Thu 1 Sep, 2011 11:09 am
@chai2,
Let me know what you come up with, okay?
chai2
 
  1  
Reply Thu 1 Sep, 2011 01:47 pm
@roger,
hey, I just called the lawyer, and it's simpler than I thought roger.

I hadn't thought about that my husband and myself would be the primary beneficiary, and executors of each others will.

It's only if we both croak that the 30 year old become executor.

So, what was really missing was the THIRD alternative, which is like, screw that as far as I'm concerned.

The lawyer said in the event all 3 of us were gone, couldn't serve, it would just be administered by the State, which is fine, since as I said, it would be going to some select people, and charities. They can just wait.
Rockhead
 
  1  
Reply Thu 1 Sep, 2011 01:51 pm
@chai2,
I would be willing to assist Roland and the morphine guy in the event of a 4th necessity.

or the apocalypse...
chai2
 
  1  
Reply Thu 1 Sep, 2011 01:57 pm
@Rockhead,
field medic otis?

he's great with morphine, but he's not a notary public.
0 Replies
 
jcboy
 
  1  
Reply Thu 1 Sep, 2011 04:42 pm
@chai2,
When I bought my house and moved to Florida I had my will drawn up by an attorney. The executor is my best friend in Ca but I will be having that changed now that Marco and I are together. Now I need to have it revised and a partnership agreement added.
chai2
 
  1  
Reply Thu 1 Sep, 2011 04:52 pm
@jcboy,
Right, but if for some reason Marco can't fulfill the obligation, don't you want a backup for executor? Maybe make your CA friend the secondary?
jcboy
 
  1  
Reply Thu 1 Sep, 2011 05:02 pm
@chai2,
Oh for sure! As it stands now, my best friend is the executor and my aunt the secondary. I'm much closer to my best friend then my aunt so I'm planning on making him the secondary.
 

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