而执行人是
U.S. Supreme Court Justice Warren Burger is famous for more than just his time on the bench. When he died in 1995, he left a 176-word will that gave no specific power to his executors. As a result, he reportedly cost his estate tens of thousands of dollars in attorney's fees.1
Judge Burger's case shows that even law-savvy individuals can make mistakes when it comes to writing their own legal documents. But giving executors the proper power is only one piece of the puzzle. 如何选择遗嘱执行人? 有人能做吗?? 是什么让一个人成为一个好的选择?
Many people choose a spouse, sibling, child, or close friend as executor. In most cases, the job is fairly straightforward. 仍然, you might give special consideration to someone who is well-organized and capable of handling financial matters. Someone who is respected by your heirs and a good communicator may also help make the process run smoothly.
最重要的是, an executor should be someone trustworthy since this person will have a legal responsibility to manage your money, 偿还债务(包括税款), and distribute your assets to your beneficiaries as stated in your will.
If your estate is large or you anticipate a significant amount of court time for your executor, 你可能会想到命名一家银行, 律师, 或者金融专业人士. These individuals will typically charge a fee, which would be paid by the estate. 在一些家庭中, singling out one child or sibling as executor could be construed as favoritism, so naming an outside party may be a good alternative.
Whenever possible, choose an executor who lives near you. Court appearances, property issues, and even checking mail can be simplified by proximity. 也, some states place additional restrictions on executors who live out of state, 所以检查一下你居住的地方的法律.
Whomever you choose, discuss your decision with that person. Make sure the individual understands and accepts the obligation – and knows where you keep important records. Because the person may pre-decease you – or have a change of heart about executing your wishes – it's always a good idea to name one or two alternative executors.
The period following the death of a loved one is a stressful time and can be confusing for family members. Choosing the right executor can help ensure that the distribution of your assets may be done efficiently and with as little upheaval as possible.
将会是什么?
Take a look at some famous people who left without having a will in place.
- 吉米·亨德里克斯
- 鲍勃·马利
- 桑尼波诺
- 毕加索
- 迈克尔•杰克逊
- 霍华德·休斯
- 亚伯拉罕。林肯
来源:LegalZoom.2023年9月1日
1. 华盛顿邮报.com, 2023
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