Dear Liz: My older brother and his wife recently told me they made me the executor of their living trust. I have no experience with this. They live in Maryland and I’m in California. Can you please let me know what I can do now to make the process simpler when the time comes?
Answer: Your brother and his wife should have asked you if you would be willing to take this role, which is called “successor trustee” rather than executor when a living trust is involved. Just because they put your name in their document doesn’t mean you are required to serve. Their trust should name other people who can serve. If not, the court can step in to name someone.
Being either a successor trustee or an executor is often a big commitment that may last for years. You’ll be required to manage the trust assets, pay final bills and creditors and communicate with beneficiaries. Successor trustees may have added responsibilities, since they typically have to step in if the trust creators become incapacitated.
If you’re willing, though, agreeing to this role can be a way to honor the people you love by making sure their wishes are followed. Being asked to be a successor trustee or executor is an honor, since the trust creators believe you are honest, trustworthy and diligent enough to handle this enormous responsibility.
You’re allowed to, and probably should, hire legal and tax help using estate funds. The estate should also pay for your travel to fulfill your duties.
You can do some research before deciding. Ask for a copy of the trust so you can start to familiarize yourself with the trust assets and what will be involved in settling the estate.
Dear Liz: I just read your column about cardholders being fearful of canceling a card. Here’s my story.
I made an online purchase with a credit card I’ve had since 1981. The purchase turned out to be a scam. I spent hours trying to resolve this. When I finally got a human, she was extremely hard to understand and was very condescending. She told me I should upgrade to another version of their card at a higher cost. I finally told her to cancel my card. Then she went to Page 2 of her script and offered me a $50 credit toward the purchase being disputed. After 20 minutes and my insistence that I no longer wanted their card, she finally canceled it. My credit score dropped 4 points. At first, I was concerned, but honestly, after 44 years with them and thousands of dollars in annual fees, the way I was treated made my decision easier.
Answer: Thanks for sharing your experience! The impact of closing the account might have been greater if it had been your highest-limit card, if you didn’t have several other open cards or if your credit scores weren’t high. But even a larger ding would be temporary as long as you continued to use your other accounts responsibly.
Dear Liz: In a recent column, you advised people to pay IRS tax bills online. Have you done this yourself? The wording of the choices to click on can be confusing. I tried to help my son pay online last year. We evidently chose the wrong type of tax and it went to “la la land.” He got late letters and fines. It took quite a while to get it rectified because you are on hold for HOURS. Who has time for that? Next year I’ll have him mail it and take our chances.
Answer: I’ve made exactly the mistake you describe and am aware of how frustrating it can be trying to get the situation rectified. But dealing with mail theft and check fraud is frustrating too.
Both of us would have benefited from consulting a tax pro first to ensure we were clicking the right buttons. A tax pro can also help in straightening out a snafu. The IRS was understaffed and struggling to answer its phones even before the government shutdown, but the dedicated number for tax pros often has shorter wait times than the one for the general public.
Liz Weston, Certified Financial Planner, is a personal finance columnist. Questions may be sent to her at 3940 Laurel Canyon, No. 238, Studio City, CA 91604, or by using the “Contact” form at asklizweston.com.
The post What do I have to do as an executor of a living trust? appeared first on Los Angeles Times.
