How Much Power Does the Personal Representative Have When Distributing Assets?

This definitely falls under the “estate planning attorney frequently asked questions category” so I wanted to take a few minutes to talk about at and put your fears to rest.

One of the common questions I am asked surrounds the Personal Representative’s (also called Executor in some places) power to distribute assets when they take on the role.

Many people are worried the personal representative is simply going to determine the assets would be better distributed according to their own plan and go rogue.

Let me put your fears to rest.

The personal representative doesn’t have any power to go rogue on your estate.

The rules require them to follow the rules as you lay them out in the will, whether they like it or not.

Now, that doesn’t mean you shouldn’t take special care to name someone you trust and someone organized enough to take on the task.

After all, they will have access to your assets.

Hope this helps!

If you don’t have an estate plan yet, and you want to learn more about your options, book a time to talk to me. I’d love to learn about your family, give you some options, and see what works for you.

Click the link below and choose a time that works for you (in person or over the phone). Looking forward to it!

https://cmslawfirm.com/scheduleasession

Cheers.

Christopher Small
CMS Law Firm LLC