ABA Family Legal Guide

Estate Planning

Wills

The Executor

Why are paid executors sometimes preferable?

There are sometimes reasons for choosing a paid executor—usually a lawyer—instead of your spouse. Your spouse may be incapacitated by grief, illness, or disability. Nonetheless, he or she as executor will be personally liable for unpaid estate taxes and fines for late filings, even if he or she has delegated such tasks to a lawyer. Furthermore, since the executor must gather all the estate assets, your spouse may be faced with the odious duty of retrieving money or property you lent to other family members or friends.

If you think your spouse may not be up to the job (considering that he or she may also be saddled with sole responsibility for any minor children), you might choose a lawyer or other professionals, even though it means paying a fee. Remember, this is a job that, primarily because of tax procedures, can take more than three years of involvement, though most estates take far less.