After 18 years in the trust and estate field of law I have seen enough situations which would suggest family members should NEVER BE used as executor, trustee, power of attorney or in other position of authority in your California estate plan. This may seem like an exaggeration and maybe it is but only slightly.
Aside from the fact that most people’s children are not seasoned in the world of creditors, taxes, investments and a whole host of other issues that come up after incapacity or death… many people make bad choices when given the opportunity.
Client’s never see a potential problem as their kids are great… just ask them! They probably are great a matter of fact. However, death and money can combine to make people make bad choices. By selecting a California Professional Fiduciary to be your trustee, executor and power of attorney you take the emotion out of it for your family. Take away the emotion with how mom’s final hospital stay was handled. Take away the emotion from that time when your kids were 5 and 6 and the 6 year old embarrassed the 5 year old. Take away the feeling of entitlement for the adult child that takes care of you before your death and thus feels entitled to take more, or all, of your estate for themselves. You can take away all of this by selecting aCalifornia Professional Fiduciary!
In fact, California now has a state test and license. These requirements along with the professional being bondable helps ensure your family’s wealth will not be squandered on attorney fees or worse!
Talk to your California estate planning attorney about the use of a professional fiduciary in your estate plan.