How to Select an Executor for Your Will

Nik Fondren • Feb 07, 2024

Selecting the Right Executor: Essential Tips for Your Will

Every person needs a will, even those who own nothing more than the clothing on their back. This document outlines your final wishes, and you must name an executor to carry them out. The executor is responsible for gathering the deceased person’s assets and safeguarding them until the distribution process is completed. How should you go about choosing the executor of your will? What should you look for when doing so?


Tips for Choosing an Executor


You may feel overwhelmed when the time comes to choose an executor. You don’t want to hurt anyone’s feelings, but never make this decision based on emotion. The following tips will help you make this selection and ensure the person selected will take the task seriously.


Legal Requirements


An executor must be of legal age to take on this responsibility. Courts require this today. They may also put other requirements in place, so it falls on you to know this information when you write a will and choose an executor. 


A convicted felon, for example, typically cannot serve as executor of a will. However, exceptions exist. The executor must be a citizen of the United States, and they must be able to manage their affairs before taking yours on. If they have been deemed incapacitated in a court of law, they cannot serve as an executor. 


Pick Someone Responsible


The executor doesn’t have to be well-versed in the law. However, they must be responsible and know when outside help is needed and who to hire. Furthermore, they must be organized and prompt, as there are deadlines to meet when settling a person’s estate. Choose someone who is good at communicating with others and will make hard decisions when needed.


Never worry that serving as an executor will burden the person. They receive compensation for the work, so choose a conscientious person. This individual will take their role as executor seriously, as they recognize the importance of doing it right.


This individual does not need to be a friend or family member. You may hire a professional, such as a financial advisor, to do the work required to settle your estate. This independent party might require higher compensation, but it often helps to have an unbiased party to handle these matters. Consider this when choosing who should serve in this role.


Choose a Trustworthy Individual


When you pick an executor, you trust them with the assets you have built over your lifetime. You must feel confident they are honest and will carry out your wishes as you desire. They play a part in the future well-being of your beneficiaries. Some people take advantage of the power granted to them when they serve as executors. If you have doubts about a person and their ability to handle the estate as you desire, it is best to choose someone else to take on these tasks.


Financial Competence


Handling an estate requires financial knowledge. Some people aren’t good with money or numbers. While they may be great people, choosing them as executors of your will isn’t wise. Look for something who is financially savvy.


At a minimum, this person should be able to balance their checkbook, know how to calculate a profit or loss, and how to work with financial institutions. Pick someone who is financially stable and has not accumulated significant debt. They should have experience managing assets similar to yours and maintain a good credit score. These elements are only a few things to consider when determining whether a person is financially competent to handle your estate.


Willingness to Serve


Never name an executor without speaking to this individual first. As this job comes with lots of responsibility, you want to know the person is willing to step up. They are not required to do so. If they don't know beforehand that they will assume this role, they might turn it down when they learn they have been named. Avoid this issue by speaking with the individual before naming them as the executor in the document.


Name an Alternative


Name one or more alternative executors in the will. While a person might state they are willing to serve in this role when you draft the document, circumstances change. They may find they are unable to do so when you pass. Having an alternative listed in the will ensures the court won’t choose someone to handle estate matters.


Furthermore, you might write the will when you are young and only update essential aspects when your circumstances change. Hopefully, you will live a long and healthy life. However, this means the executor may pass before you or have health issues that prevent them from serving. Choosing an alternative executor, someone who may be younger than the individual originally named, helps ensure you have input into who takes on this role when you pass.


Does Location Matter? 


Should you choose an executor who lives locally? Experts disagree on whether this is necessary. While benefits come with choosing an executor who lives in the area, choosing a local is not mandatory. People are transitory today. A chosen executor could move multiple times between the drafting of your will and your passing. You would need to choose a new executor every time one moved away if this were a requirement. 


However, out-of-state executors often must take additional steps before serving in this role. For example, they may need to post a bond, choose a co-executor who is local, or appoint an in-state agent. A skilled estate lawyer can explain the requirements for out-of-state executors and help you determine if someone local should be named. 


Work with an attorney when drafting your will and choosing an executor. Thanks to the internet, you can create this document on your own. However, any mistakes could lead to the document being declared null and void. Furthermore, the court may remove the executor and place another person in this position. Working with an attorney, you can avoid situations such as these. Request a consultation and have peace of mind knowing your will is in order and you have an executor ready and able to take on the task of carrying out your wishes. 

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Law enforcement officers cannot search your person, home, or car without your permission unless they have a warrant. Have them produce this warrant so you can review it. However, officers may pat you down to check for weapons. They are permitted to do so for their safety. If the officers ask to search, say that you do not consent. They may conduct this search anyway, depending on the circumstances of the encounter. This verbal statement that you do not consent to the search may become important if authorities file charges against you. When officers enter the home, they may not search without your permission or a search warrant. If they arrest you at home or work, they have the right to search the immediate area or anywhere they can see criminal activity. Pay attention to what they do throughout this search to confirm they conduct it properly and don’t overstep their bounds. Every person has a right to a criminal defense attorney in Cullman, AL . Request a government-appointed attorney if you cannot afford to hire a lawyer. Let the officers know you would like to make a phone call. They cannot listen to any calls between you and an attorney, but they have the right to listen to all other calls you make. The officers can tell you how to request a government-appointed attorney if one is needed. Handling Police Encounters Safely During any encounter with the police, stay calm. Never volunteer information, even if it seems harmless. Use your right to remain silent or only answer direct questions, never offering additional information when doing so. Never argue with officers or bad-mouth them, as doing so could change the whole tone of the interaction. If officers attempt to pull you over while you are driving, continue operating the vehicle until you reach a place where it is safe to stop. Never stop in the middle of the road or impede traffic, as doing so puts you and the officer at risk of harm. When the vehicle is stopped, remain in the car, turn on the interior light, and put your hands where the officer may see them. Ask passengers in the vehicle to show their hands as well. Provide any documents requested by the officer during this traffic stop. They may ask to see your driver’s license, registration, and proof of insurance. Before collecting these documents, let the officer know where they are located. Reaching into a glove box or under the seat may appear to be a threatening move to the officer. Letting them know that is where the documents are and that you aren’t reaching for a weapon can help to reduce tension. Never run from a police officer. Also, do not touch the officers, as any touch could be construed as threatening in a volatile situation. If officers arrest you, go willingly. Don’t resist or become combative. Doing so could make a bad situation worse. Common Misconceptions People often believe they must consent to a search or take a breathalyzer test. They feel they are required to answer questions when asked by law enforcement. A person doesn’t have to say or do anything when stopped by the police. Failing to answer questions or consent to a search may result in a trip to the police station. Let this happen and contact an attorney with your one phone call. While the trip to the station is an inconvenience, it will probably be a short-lived one once your attorney arrives. They will work to get the matter resolved and have you released quickly. Protecting the Rights of Others You may find yourself in a situation where law enforcement is handling a matter involving another individual and you are merely a bystander. Help each other out by observing this interaction and recording it if possible. Try to capture officers’ badges and patrol car numbers with the video to show who was involved beyond what can be seen in the video. Also, ask witnesses to state their names and contact information on the video. 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Will Alabama Law Allow You to Relocate With Your Child After a Divorce? Steps on What To Do

By Nik Fondren • 13 Nov, 2023
Finding a better job, living in a larger home, and being in a better school zone are just a few of the reasons to move when you have kids. As complex as a move can be, it can be even more complicated when there’s a custody and visitation order after a divorce. While no one can stop someone from moving, it can impact custody and visitation, and it may be possible to be prevented from moving to another city or state. Those who are considering a move will want to understand Alabama laws and how they can impact the relocation. Before moving, some extra steps need to be taken to make sure everything is as smooth as possible and to make certain potential disruptions in parenting time or custody are minimized. What Counts as a Relocation? In Alabama, a relocation that requires additional steps is any move where the parent will be living more than 60 miles from their previous home. If the parent is moving across town for their job, to get into a better school zone, or for any other reason, the other parent may not be able to object since the location will likely be within 60 miles. If a parent moves more than 60 miles away, however, they must notify the other parent. In this situation, the other parent has the opportunity to object to the move. As long as the move is not far, the courts are generally not involved. The other parent does not get to say the move can’t occur since it is still within a reasonable distance. Of course, there may be exceptions to this if the move is not in the child’s best interest. If the move is more than 60 miles, though, the other parent can intervene and request the courts deny the move to prevent it from happening. Often, this is done if it will impact the other parent’s visitation abilities or have a potentially negative impact on the child. Parents who are concerned about whether a move counts under Alabama law can speak with a child custody attorney . This provides them the opportunity to learn more about the potential outcome if the other parent objects to the move or what they need to know to start the process. Providing Notice for the Relocation When a move is pending, the parent who is moving must give the other parent at least 45 days' notice of the move if it will be more than 60 miles away. This amount of time offers the other parent the option to object to the move in the courts and request the move be denied if they believe it’s not in the child’s best interest. If the parent finds out they will need to move in less than 45 days, they must provide the other parent with at least 10 days' notice. This may happen if there’s an emergency with the home or a parent is required to move for work. Objections to a Move The parent who is not moving does have the ability to object to it. To do this, they will need to file an official objection with the courts. At this point, a hearing will be scheduled, and both parents are required to attend. At the hearing, various considerations will be discussed to determine if the move will be allowed by the courts. It is highly recommended for the moving parent to speak with an attorney who handles Alabama family law before the hearing to get a better idea of what to expect. If the judge denies the move because they do not believe it’s in the best interest of the child, the parent will need to determine their next move. This could include negotiating visitation times to make the move more beneficial for both sides or moving to somewhere within the 60 miles that will still allow them to meet the goals of the move. It is possible in some situations to appeal the decision made by the judge, but this can take time, and alternative resolutions may be a better idea. A revised custody and visitation order may be created if the judge approves the move. This will be done to make sure the parent who is not moving is still able to be in contact with the child and able to have visitation. Depending on various factors, such as the distance of the move, visitation can still be the same or change significantly. The goal, however, is to allow the move without reducing or limiting the visitation of the parent who will not be relocating. Considerations for the Court The court will consider numerous factors when determining if a move is in the best interest of the child. Some of the factors they’ll consider can include the following. Relationship with Other Parent – They will consider how the relationship can be impacted by the move. Transportation – Whether transportation will be an issue for either parent can be a significant concern with longer distances. Parental Communication – There needs to be thought about how the parents can and do communicate about the child, especially over longer distances. Impact on the Child – Whether it will positively or negatively impact them, the effect it may have on their education, and more. Ability to See Siblings – If the child has siblings who are not moving, their chance to be together and know each other may be considered. Location of Residence – Moves out of the country may not be as likely to be approved as ones still within the US, even if the parent is planning to move to another state.  Moving to a new home can be exciting and full of opportunity, but relocating after a divorce can be a little more complicated. For those parents who are considering a move, speaking with an attorney is a good idea before making any concrete plans. This provides them with an opportunity to learn more about Alabama laws and how they can influence the move.
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