Naming Fiduciaries (Executors, Trustees and Others)

Naming Fiduciaries (Executors, Trustees and Others)

By: Martin M. Shenkman, CPA, MBA, JD

What if you do not have someone to name as your fiduciary? For a will, consider naming a bank or trust company if you don't have individuals you feel comfortable naming or that live locally enough to handle matters. You want an agent that you know will be responsible for carefully handling all of your affairs. For a Power of attorney, if you really don't have someone that is appropriate, set up a revocable living trust, fund it with all of your assets, and name a bank or trust company as a trustee. Again, similar reasoning to that of the will applies. Regarding your Health Care proxy, if you have no one to name, focus on a comprehensive living will as a statement of your health care wishes. This is problematic in states that don't recognize living wills, but it's a lot better than doing nothing. By doing so, you will at least leave a written testament to what you would like done to you in the case that a medical emergency arises.

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