Preparing the Executor for Wills and Trust Administration in Silicon Valley

As an individual puts together his or her estate plan, there is a need to really think about how it will be administered.  Wills and trusts administration can be a complex process in California, although having an estate plan in place is without a doubt one of the best ways to simplify it.  Another way to improve the outcome of the administration is to thoroughly prepare the executor of the estate.

The executor will be taking care of many different details related to will and trust administration in Silicon Valley.  In order to improve that person’s efficiency and therefore make the most of your estate plan, start by talking with the person you want to perform the job and make sure that he or she is willing and able to do so.  It’s possible that you could name someone as the executor of the estate intending it to be an honor, but the person actually feels like it is a burden or unwanted responsibility.  Keep in mind that this doesn’t make the person uncaring: rather, it allows you to name someone who will do the job willingly and well.

You can also smooth the process for the executor by actually discussing the contents of your estate plan with him or her, as well as with other family members and friends who will be affected.  It’s hard to foresee what kinds of problems could arise during will and trust administration, so laying things out in advance can help avoid surprises later.  Family dynamics are an incredibly personal and complicated thing, and the estate plan will likely need to take them into consideration.  So, if one family member has a problem with addiction, a grandchild has a disability, or one sibling is substantially wealthier than others, these are all possible reasons a plan would not look the way everyone expected.  Preparing them, and the executor, can avoid drama later—including but not limited to someone trying to contest the will.

Keeping executors apprised of potentially upsetting aspects of the estate plan can help them navigate the wills and trusts administration later, especially since they will be clear on your intentions and therefore better armed to carry them out.  Their abilities can also be bolstered by meeting with an estate planning lawyer to really understand what will be expected of them and to gain insight into things like taxes, court costs, paying off debt, and so on.  With a little guidance up front, the will and trust administration can run as smoothly as possible.