Legal Question in Family Law in Florida
need an Executor?
Hello,
There are 3 grown children in our loving family. We are in my Mom's Will and she asked this question. Is there a need for an Executor? Everything will be split 3 ways if something happens to Mom. She designates my older sister as Health Care Surrogate and Durable Power of Attorney and has each of us as backups. I see no need for an Executor since if anything happens we will all pitch in to make sure all business matters are taken care of. I'll probably do most of the work since I do that now...my siblings have families and Mom and I keep them in the loop for all matters. If Mom needs to designate an Executor can she appoint the 3 of us equally? Also, is an attorney needed to file a Will in probate? Don't see why we should pay up to 3% of her estate or an hourly rate if that's something I can file in the court. I understand an Executor will incur costs of handling the different business transactions but that's something we would settle between the 3 of us. So please indicate if Executor is needed and if an attorney is needed if ever need to file a will in probate.....
3 Answers from Attorneys
Re: need an Executor?
In Florida, if a personal representative (what most states call an "executor") is not designated, the court will appoint one, so she may as well go ahead and designate one in her will. It's also a good idea to designate a back-up personal representative in case something happens to the first choice. Only one person may be the personal representative at a time.
An attorney isn't strictly required in a probate action, but it's often foolish not to have one, since errors in probate court can be expensive. I have a saying: lawyers are expensive, but there's nothing more expensive than NOT having a lawyer.
You might also consider having your mother talk to an estate planning lawyer now. Wills are often a poor choice for distributing assets at death, and there are many, many ways of avoiding probate court if an estate is properly planned.
Re: need an Executor?
In Florida, if a personal representative (what most states call an "executor") is not designated, the court will appoint one, so she may as well go ahead and designate one in her will. It's also a good idea to designate a back-up personal representative in case something happens to the first choice. Only one person may be the personal representative at a time.
An attorney isn't strictly required in a probate action, but it's often foolish not to have one, since errors in probate court can be expensive. I have a saying: lawyers are expensive, but there's nothing more expensive than NOT having a lawyer.
You might also consider having your mother talk to an estate planning lawyer now. Wills are often a poor choice for distributing assets at death, and there are many, many ways of avoiding probate court if an estate is properly planned.
Re: need an Executor?
1. Yes
2. Depends on size of the estate. Generally, yes.
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