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COVID-19 Update: We are working and here to help. The probate courts are open and we are continuing to file cases. Please email Attorney Nicole Morris at  if you have questions. Stay safe, we will get through this stronger together.

COVID-19 Update: We are working and here to help. The probate courts are open and we are continuing to file cases. Please email Attorney Nicole Morris at [email protected] if you have questions. Stay safe, we will get through this stronger together.

Naming the right people in wills

| Jun 25, 2018 | wills

With all of the decisions that Palm Beach residents make when planning their estates, one could make or break the entire thing — the people appointed to carry out their wishes. Most of the documents that make up an estate plan require the designation of one or more people who will be in charge of executing the instructions of the person creating the plan. When it comes to wills, two positions generally need filling — the executor and the guardian.

The executor is the one responsible for closing out the estate after the death of a Palm Beach resident. This individual will take care of numerous tasks. Certain tasks must be completed within certain time frames. This position does not necessarily require knowledge of the law, but it does require the ability to find help when needed and work through the grief.

The other crucial appointment made in a will is a guardian for minor children. Of course, not everyone will need to appoint a guardian, but for those who do, a great deal of thought needs to go into choosing the person who would take over raising another person’s children. Moreover, the person chosen would need to be able to carry out any instructions the parents leave behind.

An individual appointed as an executor, guardian or any other capacity in an estate plan retains the right to refuse to serve. Once these individuals are chosen, it may be a good idea to be sure they are willing to serve in these capacities. If they are not, it could jeopardize the provisions of those individuals’ wills.