The Hardest Question

Here are three things to think about when you’re deciding who should carry out your estate plan:
1. If you don’t create a plan in the first place—designating someone to handle your affairs and
administer your estate—California law will designate a person by default. This may or may not
be the person you would have chosen!
2. In making your decision, it’s a good idea to talk to the person or persons you’re considering
(i.e., for successor trustee of your trust, executor of your will, guardian of your children,
and/or agent under your powers of attorney for health care and finances). They might have
questions for you, or reservations about being chosen. Most likely, they’ll be honored and
humbled by your trust. It can be quite moving to have this conversation.
3. You have the right to change your mind. Things happen, and people and circumstances change.
You might find that you’d prefer a different person to carry out various aspects of your estate
plan (just as you might decide that you want different beneficiaries of your estate). Your first
choice is not set in stone—you can amend your trust, revoke your will and powers of attorney,
and set forth new choices. Just make sure that you actually go ahead and do it!