As you age, or as you complete your estate plan, you’ll need to name different kinds of “helpers” who will carry out your plan when the time comes. These helpers are officially known by different names depending on the job they’re given. They can be known as trustee, executor, power of attorney or guardian, but no matter what their legal name is, their job is to act for you when you can’t act for yourself. This can happen in cases of stroke or other debilitating illnesses as you age, or after a death. It’s very important you choose the right person.
Our founding attorney, David Edwards, has been in the estate planning field for almost two decades now. When you’re that experienced, you start to notice trends. Here are some kinds of helpers David has seen over the years – helpers you may want to avoid if you have any of these “types” in your family:
1. The Do-Nothing – Mom died 2 years ago, but her house is still sitting empty, crumbling. Tax bills and utilities eat up the estate, while the rest of the family waits. He says, “I’ll get to it soon.”
2. The Messy One – In grade school, this person couldn’t find her homework. As a teenager? Clothes piled a foot deep in her bedroom. As an adult? She’s often late to appointments (if she remembers them at all). And finances? Her checkbook has never been balanced, and she gets monthly overdraft notices. Now she’s been named a trustee…
3. The Fighter – His competitive spirit was great while playing sports in high school. But it has not worked out so well with his family or his marriage. Being right is more important than anything else. And now, as a trustee, he gets to decide what’s “right.” There’s no talking to him about it, because it’s his job, and it’s “none of your business how I do it.”
4. The Romantic – “I’m just not ready to sell grandpa’s car or fishing cabin yet.” This trustee lets her emotions get in the way of the job – which is to sell or distribute trust assets. And it’s not just the car and cabin – what about personal property? How do you sort out or (gasp!) even throw stuff away? “It’s just too hard. I can’t do it yet.”
5. The Bossy One – The parents named Junior and Sissy as co-trustees, wanting both of them to have a say and to work together. But big brother is used to being in charge and taking over. He won’t even talk to his sister about what is going on. “If you don’t like it, go get a lawyer… I don’t care if we spend the entire estate on legal fees!” Bossy brother pushes and threatens, leading the more reasonable sister to let him have his way. “It’s just not worth it to try to fight.”
6. The Stress Ball – She’s always running here and there, never any time to sit and talk about the estate. IF you get her on the phone she says, “Sorry. Can’t talk now. Can I call you back?” She means to do her job as trustee, but she can’t find time for the things in her own life, much less this added duty. The family isn’t sure what to do – take legal action or just wait a little longer.
7. The Broke One – His ends never seem to meet, and he’s always in financial crisis. Bill collectors call all the time. Now he’s named as a trustee and gets a checkbook showing a nice balance. It’s easy to rationalize – “I’ll just take some of my inheritance early, to get past this crisis.” But then he needs a little more and a little more. As time passes, the family wonders what has happened to their parents’ money.
So, what types of people make good helpers? Here are some things to consider in naming “helpers.”
We understand that this can be a very daunting task. As always, we are here to help you create an effective estate plan. You don’t have to do it alone. We’ll guide you along every step of the way. Give us a call at 217-726-9200 to get started, or attend a FREE workshop.