How to Choose an Executor and Trustee for Your NJ Will
Your will in New Jersey is much more than just an estate planning document that says which heirs get what percentage of your estate or which specific items that you leave behind should you die. A well written Last Will & Testament details how and when heirs are to receive their inheritance, who is to take over any businesses in question, and many crucial issues of your estate. A will can be a very specific statement of how your estate is to be handled when you die. Therefore, the choice of an executor and trustee for your estate is a very important decision in your planning process.
For a New Jersey Estate Under a Will: Choosing
a Trusted Friend
When choosing a person to be the executor or trustee under your will, you need to answer this question:
- Who could step into my place and confidently act as I would in carrying out my wishes? In other words, who do I trust the most to make the decisions I would have made if I were alive to make them?
It is vitally important to choose someone that you have full faith and confidence in. You should feel at ease that he or she will carry out your instructions as they are written in your trust and estate planning documents. Some typical choices include a:
- Close family friend
- Close family member
- Child
- Professional trustee
While you may feel completely secure in trusting this huge responsibility for carrying out your wishes to a family member, there are several situations when that is not wise or possible. In that case, your estate planning wishes can be addressed by a trusted outsider.
For a New Jersey Estate Under a Will: Choosing
an Outside Executor or Trustee
If you do not have a close friend or relative that you feel comfortable leaving this job to, or if by selecting one of the heirs will cause conflict, then there are other options. You can hire an outside executor and trustee like:
- Your bank’s trust department
- A trust company
- Your lawyer
- A financial advisor
- A professional trustee/executor
These professionals are well versed in what it requires to be an executor and trustee and can often work more expediently and effectively, which saves the heirs money and time. While there are many benefits to not having a family member involved as the trustee of your testamentary trust; there are also some drawbacks to using a bank or trust company as your trustee.
Banks and professional trustees charge fees for their services generally (but not always, so check around) serve as trustee with a minimal estate value of around $700,000
No matter whom you choose, you want to be sure that you have full confidence in them to do exactly as you want, no matter what other people say. There may be heirs who are unhappy with the terms and conditions of the will and will try to sway your representative to do as they want. Knowing that you have a strong, trustworthy individual protecting your wishes will provide peace of mind.
If you have any questions or would like to meet to discuss this topic, contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291, or fniemann@hnlawfirm.com. He is happy to answer your inquiries. You’ll find him easy to talk to and eager to find solutions for your particular concern(s) or legal matter.
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Fredrick P. Niemann, Esq.
NJ Wills Attorney
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NJ Wills Attorney serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Camden
County, Mercer County, Middlesex County, Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County
NJ Wills Attorney | Monmouth County NJ Wills Attorney | NJ Wills | Executor of a NJ Estate | Executor NJ Will | Trustee NJ Trust | NJ Trust Lawyer | NJ Attorney to Prepare a Will
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