• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • Areas We Serve
      • Riverside County
        • Banning
        • Corona
        • Eastvale
        • Hemet
        • Menifee
        • Moreno Valley
        • Murrieta
        • Norco
        • Perris
        • Sun City
      • San Bernardino County
      • Orange County
      • Los Angeles County
      • San Diego County
    • Attorney and Staff Profiles
    • Our Reviews
    • Review Us
  • Elder Law
    • Conservatorships
    • Crisis Planning
    • Estate Planning for the Elderly and Chronically Ill
    • Planning for Long Term Medi-Cal
    • Planning for Veteran’s Aid and Attendance
  • Estate Planning
    • Advanced Estate Planning
      • Asset Protection Lawyer
      • Business Succession Planning
      • California Gun Trust
      • Charitable Planning & Philanthropy
      • Trustee Services
    • Estate Planning Service
    • LGBTQ+ Estate Planning
    • Married Couples Estate Planning
    • Persons with Large Retirement Accounts
    • Pet Planning
    • Special Needs Children
    • Special Needs Trusts
    • Trust Administration
    • Unmarried Couples Estate Planning
    • Unmarried Individuals Estate Planning
  • Probate
  • Will & Trust Contests
    • Conservatorship Contests
    • Probate Litigation
    • Tax Controversy and Tax Planning
    • Trust Litigation
    • Will Contests
  • Resources
    • Riverside, California Elder Law Resources
    • Docubank
    • Downloadable Handbooks
    • Elder Law
      • Elder Law Resources
    • Estate Planning, Elder Law and Tax Law Articles
    • Free Report – Able Account or Special Needs Trust
    • Free Report -Constructing Your Revocable Trust
    • Probate and Trust Administration
      • Bereavement Resources
    • Speaking Engagements
    • Useful Estate Planning, Elder Law and Tax Links
    • Webinars
  • Ask Dennis
  • Webinars
    • Webinar Recordings
    • Upcoming Webinars
  • Blog
  • Contact Us

Inland Empire Estate Planning Attorneys

Sandoval Legacy Group, a division of Holstrom, Block & Parke, a Professional Law Corporation

Connect with us today(855) 513-9876

Text Size A A A
LIVE WEBINARS REGISTER TODAY>>
Home » Naming Child as Executor is Viewed as Honor

Naming Child as Executor is Viewed as Honor

May 14, 2013Probate

The article Executor of Will a Dubious Honour contains many truisms I discuss with my estate planning clients on a daily basis. Every estate planning consultation in our Riverside estate planning law office involves a discussion regarding who will be in charge of carrying out the client’s wishes upon disability and after death.

An executor is the person who carries out the terms of the decedent’s Will in the Riverside County Probate Court or the San Bernardino County Probate Court. Many parents do not want to disappoint their children, so they name them as executor even though the child may be emotionally or finanically unqualified to serve as executor. On numerous occasions I have had parents go on for a half hour telling me about a child’s inability to manage money or his or her drug or alcohol addiction, only to have then tell me they want the child to serve as executor of the estate. Another familiar occurrence involves parents telling me how one or more of their children are controlled by their spouse and how the spouse is out to grab the money and has turned the child against the family. Yet the parents want to name that child as the executor.

On other occasions the parents have told me they want to name all the children as co-executors because the parents don’t want to be preceived as playing favorites. They disregard the fact that the children live on opposite sides of the country or the fact they have told me the children are not close or have never gotten along with one another.

Many problems can arise from naming children as co-executors:

  • Administration can be more difficult because multiple signatures are required to carry out the financial transactions and administratrive procedures. Often, the signatures must be notarized or worse, require Medallion Signature Guarantees. This is particularly a problem where children live in many different areas of the country.
  • One or more of the children may have financial problems, a bad credit history, past bankruptcies or criminal convictions which may lead to difficulty insecuring bonding or financing, if needed.
  • The children may be unable to agree on a plan of action – either because of legitimate differences of opinion as to the best approach to take with regard to the administration of assets, because of differenes in the financial position of each child, or because of past history of confrontation between the children.
  •  An impasse may arise and the estate administration may stall if concensus can not be reached between the co-executors.
  • Family relations can be permanently damaged or destroyed because of disagreements that arise during the estate administration process.

While it sometimes makes sense to have more than one child looking over the shoulder of the other child to assure that the administrative process is carried out properly, in many situations where these concerns arise it would be much simpler and ultimately less costly to name a bank, trust company or private professional fiduciary as the executor. You can get more information about private professional fiduciaries from the Professional Fiduciary Assocation of California (PFAC).

For more information about probates and trust administrations, see our estate planning website. To schedule a free one hour consultation to speak with one of our estate planning attorneys in our Riverside law office, call 951-888-1460 or visit our website.

Have a question? Ask Dennis.
















  • Author
  • Recent Posts
Dennis Sandoval
Dennis Sandoval
Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.
Dennis Sandoval
Latest posts by Dennis Sandoval (see all)
  • 5 Reasons to Hire a Lawyer to Help You Probate an Estate - June 23, 2021
  • How Do I Become My Father’s Guardian? - June 26, 2020
  • 5 Steps for an Executor to Take Control As Soon As Possible - June 26, 2020

Other Articles You May Find Useful

Riverside probate lawyers
5 Reasons to Hire a Lawyer to Help You Probate an Estate
Riverside probate attorney
5 Steps for an Executor to Take Control As Soon As Possible
When is probate not necessary in California
When Is Probate Not Necessary in California?
Southern California Estate Planning Attorneys
Queen of Soul Dies Without An Estate Plan
Charles Manson Estate Case Underscores Importance of Proper Planning
Southern California Estate Planning Attorneys
What to Expect from Probate Litigation

About Dennis Sandoval

Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.

VIEW RECORDED WEBINARS

“How To Create a Peace of Mind Out of Chaos” Recorded Wednesday, September 16 @ 11AM WATCH NOW

Inland Empire Estate Planning Attorney

Inland Empire Estate Planning Attorney

BLOG SUBSCRIPTION

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • YouTube

Where We Are

Sandoval Legacy Group, A Professional Law Corporation

See Larger Map Get Directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM

Friday by appointment only

Map

4300 Latham St., Riverside, CA 92501
SLG Riverside Office | 4300 Latham St., Riverside, CA 92501  •  Corona | 1897 California Ave., Ste. 102, Corona, CA 92881  •  Newport Beach | 4940 Campus Dr., Ste. A, Newport Beach, CA 92660  •  Temecula | 40810 County Center Drive, Ste. 150, Temecula, CA 92591  •  Riverside | 3780 12th Street, Riverside, CA 92501  •  San Diego | 3110 Camino Del Rio S., Ste. 308, San Diego, CA 92108  •  Vista | 380 S. Melrose Dr., Ste. 347, Vista, CA 92083

  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect To Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
footer-logo

© 2023 Sandoval Legacy Group
A division of Holstrom, Block & Parke,
A Professional Law Corporation.
All Rights Reserved.