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Q. My parents
are of the generation where financial issues are personal
matters. This is fine but at dinner last week
they asked me if I would be executor of their estate.
I asked them what exactly that meant and they said I
would handle all of their affairs at death. When
I started questioning them about their burial wishes
and estate plans they became withdrawn and accused me
of wanting to know what my inheritance is going to be.
We got into a big argument and I spent the rest of the
evening assuring them that it was not my intent to question
them or determine my inheritance. I finally convinced
them that it would be an honor to be their executor.
I don't have any idea what I've just agreed to do.
What do I need to know as executor and when
do I need to know it? What will I need to do?
Any information you can provide would be very helpful.
A. That
sounds like a fun evening! Your parents aren't
any different than most people, regardless of generation.
When people begin to work on their estate plans
it can become very stressful, they are actually planning
for their death, not a very pleasant topic.
Your parents have probably spent a great deal of time
considering who would be the best person to handle their
affairs at death and may have been insulted that
you didn't immediately accept this responsibiltiy.
The job of an executor or executrix (female) can be
time consuming and may be difficult. As executor,
you will have the reponsibility to gather all of the
decedent's assets and report to the court by preparing
and submitting an inventory. You will need to
keep track of assets received and sold, expenses paid,
and amounts due to heirs. Record keeping is an
important part of an executors job. There are
risks involved in being an executor because of your
fiduciary obligations. You are required to act
in the best interests of the heirs and must preserve
the value of the estate during the probate process.
If you have never handled an estate before, I would
recommend hiring an experienced estate attorney to assist
you in this process.
By preparing a schedule of assets during their lifetime
your parents will make your job much easier. Once
everything calms down you can explain that there are
some basic things you need to know to be an effective
executor. If they do not want to share this information
while living ask them to put the information in a sealed
envelope to be opened only at death. Obviously,
you will need to maintain possession of this packet
or at the very least, know where it is. A useful
packet will contain the following:
- Information concerning funeral
arrangements, nature of ceremony, desired obituary,
description of burial or cremation instructions.
- Location of will and/or trust
documents.
- Name and contact information
of advisers. This includes but is not limited
to: Attorney, Accountant, Stock-broker, Financial
Planner, Insurance Agent and Banker. It would
also be helpful to know what your parents think of
these advisers. Are they trustworthy, knowledgeable,
helpful and do they charge reasonable fees?
Just because someone is working with an adviser while
living doesn't mean they would chose this same person
to handle a larger estate. Example: If
yoiu have a small investment account it may not matter
who the investment adviser is; this may not be an
appropriate adviser to handle large sums of money
due to death.
- Location of safety deposit box.
Request to be on the signature card for access.
A spare key to the safety deposit box or fire safe
should be included in this packet.
- Checking, savings, credit union
and investment account numbers and locations.
- A listing of all assets not included
in #5. Insurance policies, real estate, personal
property, autos, boats, collectibles, retirement plans
etc.
- A listing of all debts owed.
Send questions to Holly Nicholson,
CFP, JD, P.O. Box 99466, Raleigh, NC 27624 or
go to her Web site, www.askholly.com.
For private client issues call 676-2806.
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