When your loved one asks you to oversee the management of a will or trust, it presupposes you have the confidence and responsibility needed to successfully fulfill their wishes. The responsibility may be overwhelming, though, especially during uncertain times.
Here are some simple tips that can help guide you through the process of estate planning.
Though an estate plan can go beyond a will and include the distribution of assets and legacy wishes, understanding the function of a will is a good place to start as an estate executor. If you're the executor of a will, you should know that the document controls asset distribution and must first go through probate court, which is a legal process formally appointing you as executor to administer the deceased's estate.
A revocable trust is similar to a will in that it guides the overseer of the estate in distributing assets, but it skips the probate process.
“We see more clients with revocable trusts as part of their estate plan," says Bill Ringham, director of private wealth strategies for RBC Wealth Management-U.S. “Usually their estate tends to be larger and is more complex. Privacy and probate avoidance may also be important. A revocable trust may also benefit families with multiple properties in different states. You can put the title of those properties into the trust and avoid probate in each state where the property is located."
While trusts don't require court oversight, you do have a fiduciary duty as the trustee to administer the assets listed in the trust as specified in the document.
Sometimes the assets are overwhelming for the appointed executor, which is why many families consider turning to a corporate trustee.
Unfortunately for many estate distributors, the job comes as a surprise, leaving them scrambling to make sense of the estate. In the case of trusts, usually the spouse is the trustee, and children are successor trustees who have been involved in wealth planning meetings to prepare for estate management.
Before you accept the job as estate executor, you need to decide if you have the skill set and time needed to take on such a task, says Dean Deutz, private wealth consultant with RBC Wealth Management-U.S. He estimates between six months to two years to fully execute an estate.
"If your loved one asks you in advance to serve as executor or trustee for an estate, it gives you opportunity to be organized when it's time for you to take the role," adds Ringham. “You can learn about your loved one's legacy expectations, where assets are stored and what professionals were involved in the development of the estate."
Learning the wishes of your loved one is an important first step in executing an estate. To prepare for the role, ask the following questions:
Once you're in a position to oversee an estate as trustee, or named by probate court for a will, it's time to prioritize management of the estate. You will need to:
Everyone has the right to decline executor duties.
Ringham recommends you communicate this quickly, especially if the person creating the will or trust is still alive, allowing them to find another person they trust.
For those who decide they want to proceed as an executor, keep the following in mind:
Deutz recommends you determine how much of the work you want to accomplish on your own, what you will need help with and who's going to provide that assistance. A traditional team includes an attorney, financial advisor, CPA and professionals to evaluate property values.
Locating the assets is often a large undertaking. “It's harder today than it was two years ago, because so many people are going online," Deutz says. "There are two tricks to finding online assets. Get a copy of the deceased's recent tax return, which will show a list of all of the incomes. And, if you know in advance, you ask the person creating the will or trust to create a list."
Need to discuss your estate plan with an advisor and wish to find one? Get in touch with a City National advisor today.
This article is for general information and education only. It is provided as a courtesy to the clients and friends of City National Bank (City National). City National does not warrant that it is accurate or complete. Opinions expressed and estimates or projections given are those of the authors or persons quoted as of the date of the article with no obligation to update or notify of inaccuracy or change.
City National, as a matter of policy, does not give tax, accounting, regulatory or legal advice. Rules in the areas of law, tax, and accounting are subject to change and open to varying interpretations. You should consult with your other advisors on the tax, accounting and legal implications of actions you may take based on any strategies presented, taking into account your own particular circumstances.
This article is a republication of content originally published by RBC Wealth Management, a division of RBC Capital Markets, LLC, Member NYSE/FINRA/SIPC. © 2020, Royal Bank of Canada, used with permission. This article may not be reproduced, distributed or further published by any person without the written consent of RBC Wealth Management. Please cite source when quoting.