Resources
-
August 25, 2026
Choosing an Executor
As Attorneys, we are often invited into the most confidential and intimate aspects of our Clients lives. This is especially true of our Trust & Estate Attorneys who, in the initial meetings, cover the “data” of the Client; are they married, divorced, widowed, how many children, how many grandchildren? etc. Next generally comes the discussion as to their finances and “asset’ mix of the Client. Ultimately, however, the discussion must turn to who gets what, when, and who will administer the Clients’ Estate. Yes, the fundamental theme of any estate planning session, is death.
Here is where the phrase “Counselors at Law” comes into play. We counsel, we advise, and we often caution our estate planning Clients on how their estate will be administered and by whom. The “by whom” in this discussion is critical. The adage “Too many cooks spoil the broth” must be kept top of mind when discussing who the executor(s), trustee or any other fiduciary should be in the Clients’ Last Will & Testament or any applicable Trust document. Obviously, choosing the Executor(s) is not only a question of confidence with regard to the handling of the Clients’ financial dispositions but, and perhaps more importantly, who is able to do so without the administration becoming chaotic, ineffective, and expensive. Often conflicting opinions, lack of clear leadership and disorganization among the Clients’ potential choices of an Executor(s) or other fiduciary exist. These possibilities must be openly and candidly discussed. Naming all the kids as the Executors is easy, but often is a precursor to litigation after the Clients passing.
As “Counselors at Law”, the Attorneys in the Trust & Estates Practice Group at Hill Wallack are careful to ensure that the Clients’ choice of Executor(s), Trustee and other fiduciaries carefully integrate with both the Clients intentions and the “data” of their estate. The goal is to achieve harmony, not discord, among the Clients family members or other beneficiaries after their passing. This requires careful, considerate discussion of the “by whom” aspect of any estate plan. In the life cycle of the administration of a Clients’ estate, postmortem planning through litigation is never the goal. The Trust & Estate attorneys at Hill Wallack are practiced and experienced in assisting their Clients in choosing the “by whom” person by which their estates will be administered. Moreover, they are both conscious and compassionate in assisting their Clients navigate the difficulties in choosing the best Executor(s) for them. The goal in choosing an Executor(s) is to find a balanced approach to teamwork and decision making to ensure the effective fulfillment of the Clients’ wishes as expressed in the Clients’ Last Will and Testament, without creating discord in the Clients family.
