ARTICLE: Five Things to Consider When Selecting a Fiduciary for Your Estate Plan

Five Things to Consider When Selecting a Fiduciary for Your Estate Plan

Selecting the right fiduciary for your estate plan is an important decision. Here are some steps to help you choose the best fiduciary for your needs:

1. Understand the role of a fiduciary: A fiduciary is a person or entity that is appointed to act in the best interest of someone else. They have a legal obligation to act in the best interest of the person they represent, and they must always act with honesty, integrity, and loyalty.

2. Consider your options: There are several types of fiduciaries, including executors, trustees, guardians, and agents under a power of attorney. Consider which type of fiduciary is most appropriate for your estate plan.

3. Evaluate potential candidates: Think about the people or entities you trust to act in your best interest. Consider their level of expertise, availability, and willingness to take on the role of fiduciary. You may want to consider appointing more than one fiduciary to provide checks and balances.

4. Have a candid conversation: Talk with your potential fiduciary(ies) about your wishes and expectations. Be clear about your goals and objectives and ask them about their experience and qualifications. Make sure they are comfortable with the responsibilities involved and understand the legal requirements.

5. Review your estate plan regularly: Your estate plan and your choice of fiduciary should be reviewed regularly to ensure that they still meet your needs and wishes. You may need to make changes if your circumstances or the laws change.

Choosing the right fiduciary is an important decision, but with careful consideration and planning, you can find the best person or entity to protect your assets and ensure your wishes are carried out.

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If you’d like to update your estate plan with a durable power of attorney, we’re here to help. Call Roth Elder Law, PLLC, today to schedule an initial meeting at 607-962-6162 or complete this intake form and we’ll be in touch.

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We at Roth Elder Law, PLLC, believe in providing services in a way that clients can easily understand and meaningfully participate in designing and maintaining their estate plan for their loved ones, as well as be assured that their plan will be administered according to their wishes.