When you create a Will, one of the most important choices you make is who will serve as your Personal Representative (aka “Executor”). In Maryland, this person manages your Estate and handles all legal responsibilities which requires filing paperwork, settling debts, paying taxes, and distributing your assets. It’s not just a title; it’s a serious job.
So how do you know you’ve chose the right person? More importantly, how do you know you haven’t? If you’re unsure your chosen Personal Representative can carry out your wishes efficiently and legally, it may be time to revisit your decision. Here are three red flags to consider.
- They Don’t Communicate Well. or At All. The Personal Representative should stay in contact with the beneficiaries, creditors, and attorneys and tax professionals. If your chosen person struggles to return phone calls or avoids hard conversations, they may not be up to the task.
In Maryland, Personal Representatives must handle creditor and interested persons notices and meet deadlines for inventories, accountings, and distributions. Poor communication causes delays, mistrust, and even legal challenges. So, choose someone who is responsive, organized, and clear.
- They Don’t Understand or Respect Your Wishes. Does your chosen Personal Representative fully understand your intentions? More importantly, will they honor them, even if other family members pressure them otherwise?
Personal Representatives have a fiduciary duty carry out your instructions exactly as you wrote them. They don’t have discretion to rewrite your plan to suit family dynamics. If you think your chosen person may play favorites or go off-script, consider choosing someone else.
- They’re Already Overwhelmed, or Just Not Capable. Even simple estates can involve months of paperwork, multiple financial accounts, tax filings, and asset transfers. If your named Personal Representative already struggles with managing their own affairs, they may not be able to handle yours.
Maryland Personal Representatives track every transaction, file the required documents, and risk personally liability for mistakes. If your chosen person seems hesitant or overwhelmed, you can name a co-executor or appoint a professional fiduciary instead.
If any of these signs sound familiar, don’t panic, but don’t ignore them either. You can update your Will anytime and choose someone who can handle the job effectively. A trusted, capable, Personal Representative ensures your estate is handled the way you intended.
If you are interested in learning more about options to protect you and your loved ones, please call us to schedule an appointment. (410) 988-3973. www.TheCoxLawGroup.com
We look forward to working with you!
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This blog post is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult an attorney licensed in your jurisdiction.