March 21, 2017

Your estate planning documents will put together numerous roles where other individuals will step in and have responsibilities on your behalf. One of these is the executor. The executor is responsible for the gathering of information regarding your assets after you pass away, handling all tax responsibilities and then distributing those assets for you. Besides the executor, however, there are several other people who might play a key role in determining how to handle your assets or estate plan while you are alive or after you pass away. You need to know the distinction and also ensure you have selected someone for each of these roles appropriately. This is a crucial step in comprehensive estate planning for your individual or business needs.

A guardian is an individual who is responsible for the physical and regular care of your minor children if something were to happen to you. An agent, on the other hand, is a person who is appointed to manage your assets or make decisions on your behalf if you are unable to do so as a result of incapacitation or disability.

A trustee, on the other hand, manages and invests trust assets by distributing them in accordance with the terms of the trust you created. He or she is also responsible for filing all necessary tax returns. There may be multiple fiduciaries assisting with the management of your estate plan. Identifying the right people is extremely important as they should be both capable of handling this and willing to do so. Consulting with an experienced estate planning attorney can help you understand how these different roles will intersect and play a role if something happens to you while you are alive or after you pass away.