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3 Reasons to Replace Your Executor

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By Christopher Coble, Esq. on May 26, 2015 3:59 PM

If you're going to appoint someone to handle your legal and financial affairs after you pass away (and you absolutely should), you want to pick someone who is capable and trustworthy. After all, this person may have access to your Facebook account when you die.

And even if you've already chosen an executor, your work may not be over. Here are some common situations that can have you reconsidering your executor:

1. Disservice.

First and foremost, an executor must be careful and responsible. This person will have a fiduciary duty to act with loyalty and honesty and in a manner consistent with your best interests when guiding your estate through the probate process.

So if you come to realize that your cousin Larry may not be the most trustworthy member of your clan, you may want to replace him with someone who knows what he or she is doing.

2. Divorce.

Most often, people name their spouses executors of their estate. This can be a great idea during a wonderful marriage, but the last thing you probably want is an angry ex deciding what to do with your belongings (both in real life and online) after you die.

And if you tried to avoid this problem by naming a child your executor, you should be careful he or she isn't alienated during a divorce, or you could end up right back where you started.

3. Death.

This is often the last thing we want to think about, but no one, not even our executors, lives forever. If you outlive your executor, you will probably need time to grieve the loss. After that, you should focus on finding a replacement so that you have someone to fulfill those responsibilities when you pass on.

Death can be an emotional time for anyone, so whoever you choose as your executor should not only be reliable, but also have the respect of your family members. This can help make a trying time a little easier for everyone involved.

If you want to make an attorney the executor of your estate, or just want to consult one to see if you made the right choice, you can contact an experienced wills and estates attorney near you.

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