We were asked by email recently, “If I buy your service, do I still need an Executor.”  

Someone has to be in charge of the “marshalling” of your assets, the payment of your debts, and the distribution of what remains to your heirs. These people have different titles depending upon how the Estate is established:  By a Will, or a Trust, or even without a Will.  Dying without a Will is known as dying “intestate,” and we have a blog post on that subject (“What Does "Intestacy" Mean?”). 

Depending on how the Estate is established, it will be run by someone known as an Executor (under a Will), a Trustee (under a Trust), or an Administrator (if there is no Will or Trust).  You’ll also hear the term “Personal Representative” when no one has been formally given authority.  These people, however titled, have the duty to take care of the estate obligations and distribute the estate assets.

We responded to the email question, saying:

“We do not practice law on this website or provide anyone with legal advice.

You have mentioned that your estate will require an executor, and have asked whether your estate would continue to need an executor “if my heirs can read my documents and know what they need to do?”

If your estate requires an executor, as you state, our website is NOT a substitute for an executor.  If you need an executor, you will still need an executor if you buy our service.  The difference is that if you have our service, your family and your executor will have a very clear understanding of your wishes and your instructions, and will have immediate access to your important documents, when “that day” comes.  Typically, when a parent or grandparent dies, the kids and grandkids will ask, “What did she want?”, “Did she tell anyone what she wanted?”,  “Are you sure that’s what she said?”, “That’s what she said, but that was ten years ago.” 

The answers to most of the questions asked in our Pre-Planning Questionnaire are not found in anyone’s Will or Trust. 

Most families find it very difficult to ask these questions to their elderly parents or grandparents, and when they ask such questions, they only cover a few subjects.  Our Questionnaire includes many, many difficult-to-ask questions, so your heirs will know your wishes and instructions on a wide variety of matters. Please read our Home Page at FAMILYandHEIRS.com to get an idea of the questions we ask, and take a look at the two videos we’ve posted on the Home Page for additional clarity.”

An account at Family and Heirs does not in any manner substitute for the Executor, Trustee, Administrator, or Personal Representative.  But an account at FamilyAndHeirs.com provides the family and the Executor or Trustee, etc., with the information he or she will need to handle the estate in the manner wanted by the deceased, whose wishes and instructions on all number of questions will be known through their answers to our Questionnaire, and whose important documents will be immediately available.