ANY ADULT CAN SERVE AS EXECUTOR FOR YOUR ESTATE

After my husband passed away, I had a new will made out by the attorney who

has been helping me for 20 years. In the will I appointed him as Executor of

my estate.

Three months ago, I received a postcard from his office, which said that he

has retired and that he has turned over his practice to another attorney.

I gave that attorney a call and asked him if I needed a new will. He said

that it was probably unnecessary and that my old attorney, even though he is

retired, can still act as my Executor.

Len, I'm not sure he is right. I own a ranch and raise show horses in

Healdsburg. Some of them are out on the circuit and others are on lease to

movie studios. When I die, there will be a lot of work to do. I want to die

knowing that everything is taken care of and that my children will get their

inheritance.

Virginia

Normally, I do not recommend that people appoint their attorney as

Executor. However, you have had a very long relationship with your old

attorney, and it looks to me that you trust him. Also, with the size of your

estate, the Executor will have a lot of work to do. He will probably earn his

fee.

Any adult can serve as an Executor. Your old attorney can still be your

Executor, but the question is whether or not he is willing to do so. You

should give him a call. If he still wants to be your Executor, you do not need

to change your will.

However, if he tells you that he cannot do it, then you should update your

will with a simple and inexpensive codicil in which you nominate a new

Executor.

While we are on the subject of estate planning, you should look into

getting a revocable living trust. I do not want to sound like a commercial,

but if your ranch and horses are worth, say, $1 million, your estate could

easily pay over $40,000 in probate attorney and executor fees.

A revocable trust can save that money for your heirs. Your old attorney, if

he is willing, can serve as Successor Trustee after your death. I recommend

that you consult with your present attorney about making a trust.

Len Tillem, a local attorney who specializes in elder law, hosts weekday

talk shows on KVON 1440 AM from 11:06 a.m. to noon and on KSRO 1350 AM from

12:06 to 1 p.m. which deal with issues of concern to elders. If you have

questions or comments for Len, you may call his office at 996-4505, or write

to him at P.O. Box 1974, Sonoma 95476.