Your executor, now called a personal representative in Massachusetts, is the individual responsible for settling any debts that you have, paying any taxes associated with your estate, and carrying out the instructions you lay out in your will. There are three recommended traits that you need to consider when selecting the right personal representative for your estate planning. First of all, this should be someone who is willing to serve in this capacity.

Make sure you have a conversation with the person first to ensure that they will carry out your wishes and have a desire to serve in this capacity. Second, you need to consider the individual’s ability to carry out the tasks associated with the role. Finally, you need to ensure that it is someone who is familiar with your individual situation.
In an ideal case, this will be a close family friend or a family member. Having an estate plan that your personal representative understands can be extremely important for ensuring that your wishes are carried out and that the person who has been appointed is both capable and interested in taking on this role. To learn more about establishing a personal representative as well as answering other common estate planning questions, consult with an experienced Massachusetts estate planning attorney today.

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.

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

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

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