Should You Serve as the Personal Representative of Someone’s Will?

It can raise a lot of questions when a family member or friend invites you to be the personal representative of their will. They may assume that you are responsible, organized and capable of handling the fiduciary responsibility of managing their estate. This is an honor, but this is also a great deal of work.

Responsibilities of a Personal Representative

Before you agree to serve as an executor of someone’s will, make sure that you have clarity on your responsibilities. Personal representatives can all too easily get overwhelmed with paperwork, documents that must be filed with the federal and state government, or even responsibilities such as paying tax bills from the money inside the estate.

The Importance of Proper Estate Planning

Furthermore, personal representatives in MA have what is known as a fiduciary duty to the estate itself and to the beneficiaries of that estate. This means they could become subject to lawsuits about liability if a frustrated family member or other heir lashes out and files suit. This is a big job that can become even more complicated when there are complex assets inside or when it is difficult or impossible to find some of these assets. Before you agree to serve as a personal representative to someone’s will, make sure that they have completed the right estate planning steps.

Meeting with an Estate Attorney

Having all of their estate planning documents completed and properly filed will greatly reduce the stress that you experience and will make it much easier for you to move forward. If you’d like to create your own estate plan and name an executor, now is the perfect time to meet with an estate attorney in Massachusetts.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.