The legal side of stuff – tips for being an estate executor

When a friend or family member asks you to be the executor of their will or trust, they are paying you a huge compliment. They’re saying, “I know you’ll do the right thing.” Presumably, you have already discussed your loved one’s wishes and have a sense of what needs to be done, to whom which possessions should be given, how much money should be allotted to each heir, and whether there are any preordained plans for disposition of the home itself. Then the job becomes a fairly straightforward – albeit time-consuming and sad – project of sorting, packing, gifting and liquidating “stuff.”

That’s how it works in a perfect world. More often than not, however, it doesn’t go down quite so smoothly. Sometimes those conversations with your loved one weren’t as comprehensive as they might have been. Sometimes a possession your loved one had identified to be gifted is already gone from the home by the time you begin your duties. Sometimes distant family members appear from the woodwork with their hands out. You’re second-guessing yourself and feel overwhelmed by the responsibility. So now, what can you do?

Before you touch anything, your first call should be to an estate lawyer who can assist you. You should know from reading the front page of the will or trust who prepared the original estate documents. Call that attorney. He or she will help you navigate the rest so there are no questions during probate, the family has documentation of all that was done and your legal responsibilities have been met.

Whenever our team is called into a home to assist an executor beginning the long process of closing an estate, we are armed with cameras to document every piece of property. If we hold an auction to dispose of items, we document those sales in compliance with two standards: Tangible Personal Property and Uniform Standards of Professional Appraisal Practice. I recommend you do the same, and the estate lawyer will provide you with the necessary instructions to follow. Although these standards may sound daunting, they simply ensure that you account specifically for each piece of personal property you sell, dispose of or give away. It’s best if you keep meticulous records to protect yourself, and to save time, money and heartache!

The other important tip is to have a handy list – before you begin the process – of partners who can help you on demand. Having their numbers close by makes life simpler when you’re knee-deep in stuff. They include a list of donation centers for things like clothes and household items that are still useful. You might also consider having an estate sale or online auction contact to dispose of items of value on behalf of the estate. You should also have the name of a junk hauler to take away things that have no intrinsic value, and that no family member or charity wants.

If there are large items to sell, for example, a car or boat, having a licensed broker handle the paperwork and negotiations is also a big time-saver. Again, document everything!

Agreeing to be an executor and handle closing an estate is a gift you give a loved one while he or she is still alive, and it will also benefit the other loved ones in his or her life. Being prepared and being as detailed as possible will, in the end, ease the burden and ensure that minor hiccups do not become major crises.