It may still not be considered enough preparation if you plan a will document with only a designated executor. That is, if this designated executor is unable or unwilling to serve this role when the time comes, you should have a backup to step in seamlessly. This is to say that you should also disclose a successor executor designation in your will document. However, in a worst-case scenario, your backup executor may not work out, either. Well, follow along to find out why this might be the case and how a proficient New York City wills attorney at Zimmet Law Group, P.C., can help you avoid this fate.
Why should I appoint a backup executor instead of a co-executor?
Sometimes, appointing a backup or successor executor instead of a co-executor, or vice versa, is based on personal preference and the specific wants and needs you wish to meet with your will.
Now, a co-executor is one of two or more individuals jointly responsible for managing and administering your estate. You may prefer this option if you wish to implement a sort of checks and balances system within your estate plan. Or, if you trust one individual to be especially talented in one aspect of your estate plan (i.e., digital assets), and another individual with other strong suits (i.e., communication skills), for example. However, this joint dynamic may be more vulnerable to potential conflict, which may require court intervention and inevitably delay your probate process.
Then, a backup or successor executor is the individual who is supposed to step in should your primary executor be unwilling or unable to serve any further. This is to say that your backup executor may never work collaboratively with your primary executor, but rather replace them. Here, it is worth mentioning that your co-executor may be able to proceed should the court remove their partner. However, this is so long as you do not specifically instruct in your will document that a minimum number of executors must act at once. If so, the remaining co-executor may have to petition the court to appoint a backup executor to maintain this quota.
Under what circumstances might my backup executor not work out?
Your backup executor might not work out for the same reasons your primary executor does not. For one, they may be unwilling to take on this loaded responsibility. To avoid them backing up during such a critical time, it is best if you communicate with them clearly and get their explicit permission before you add them in your will document. From here, you should check in with them and confirm that you do not have to amend your designations in any way.
Or, the court may order the removal of your backup executor. This may be if the judge has evidence to support that your executor committed egregious actions or misconduct. Or, if they have demonstrated a mental incapacity, a serious conflict of interest with beneficiaries, an unreasonable procrastination with acting, etc. Due to any of these possibilities that are outside your realm of reasonable control, it may not hurt to include more than one backup executor in your will document.
When it comes to your estate planning, you should not settle for anything less than spectacular legal assistance. So please hire us to help with your planning process. A talented New York City estate planning attorney at Zimmet Law Group, P.C., looks forward to working with you.
