Executors, personal representatives, trustees, guardians. It all makes my head spin.

Legal terms can be daunting, especially if you have no prior experience. Each of these roles in an estate package serve different purposes. You can appoint a different person for each of these roles, or you can appoint one person for all of the roles. It really depends on the abilities, competence, and trustworthiness of the person, as outlined above. Usually, the default person for these roles will be your spouse. However, your backup person for each role could vary based on the specific role.

• Executor/Personal Representative: This is the person who will find the latest will and read it, file a petition in court to probate the will, and assemble assets. Basically, they are entrusted to make sure your final wishes are carried out. This is a special obligation and should be entrusted to a person who will be capable of checking the appropriate boxes and going to court as needed.

• Agent: An agent is the person you specify to make decisions on your behalf in your power of attorney and medical power of attorney documents.

• Trustee: A trustee is a person who holds and administers property or assets for the benefit of a third party. In addition, the trustee can be a firm or hired person from a bank. Use this option if you do not have the right person for this long term role.

• Guardian: This is a person who is legally invested with power and obligation to take care of a minor child in the event of the parent’s death. It is a good idea to also name a local, temporary guardian who can take over if the main guardian lives far away. This can be a friend, teacher, or neighbor.

  • Contrary to popular belief, the government does not want to take away your children and put them in a foster home. Courts agree that it is in the best interest of the child to remain in their dwelling or with people they know. Once you create a will, send copies to the appointed and temporary guardians. Also, put phone numbers on your fridge or common area. These don’t have to be the appointed and temporary guardians, but they should be people who the police can contact and thereafter that emergency person can connect to the temporary guardian.
  • We suggest that you have an age appropriate conversation with your children. Keep it nonchalant. What would you do if Mom and Dad didn’t return home after two days? Where would you go? Whom would you call? It’s empowering to discuss such situations with our kids, no matter how tragic. Just keep in mind the maturity and age level of the child.