how an attorney changed the outcome of my lawsuit

Posted on: 2 July 2015

When it comes to your financial and legal affairs, you need to develop an estate plan and name an executor. When doing this, you need to select a person that you know you can trust and is more than capable of following your wishes and obeying the law. Once you've appointed an executor, there may still be certain situations that require you to choose a new one, including:

1. If Your Named Executor Dies.

Although no one wants to think about a close family member or friend dying, the truth of the matter is that it can happen at any time. Sadly, no one lives forever. This includes your estate plan executor. Although it is important to name a new executor, don't rush it. The last thing you want is to choose someone less than reliable and disrespectful because you are too emotional. Grieve first, then choose a new executor.

2. If Your Named Executor Is Your Spouse and You Get a Divorce.

Many people will name their spouse as the executor of their estate. This is great when your relationship is on track, but when the marriage falls off the rails you most certainly don't want your ex handling your belongings when you pass away. If you don't make the change yourself, then your ex-spouse may still serve as your executor. Some states will automatically revoke the appointment of a former spouse, according to NOLO.com. If you named an alternator executor, then this person will automatically take over. If not, you'll need to appoint a new one as well as an alternate as soon as possible.

3. If Your Named Executor Isn't Fulfilling Their Duties Properly.

If your estate is already not being handled properly by an executor, then you need to remove them immediately and appoint someone else. If they don't handle your estate the way that you desire while you're alive, just think about how things will go when you die. Mismanagement is one of the legal reasons you can have an executor removed from your estate plan. 

4. If Your Named Executor Is Legally Ineligible.

If the executor is mentally incompetent, currently involved in complex legal troubles or a convicted felon, you may want to re-consider your choice of executor. You may not have been aware of these things at the time of naming that person your executor or these may be new issues that have recently come to light. Whatever the case may be, once you become aware of them, it's time to change. Otherwise, you may find that they steal from your estate or refuse to follow the procedures that you have outlined in your estate plan.

Changing the person that is the executor of your estate is not always an easy thing to do. A proceeding will almost always need to be filed with the court in order for the change to take place, depending on the circumstances. Therefore, you will want to hire an estate planning attorney, like those at Beck Law Office PC LLO, to help navigate you through the process and ensure that your rights and valuables are fully protected.