How do you choose the Right Executor or Trustee for Your New York Estate Plan?

📌 Choosing the Right Person Matters More Than You Think

Estate planning is about more than just deciding who gets what. It’s also about choosing the right people to carry out your wishes when you can’t.

The executor of your will and the trustee of your trust will manage your affairs, handle sensitive family dynamics, and make crucial financial and legal decisions. Selecting the wrong person can lead to:

• Probate delays
• Legal disputes among heirs
• Mishandled assets or tax mistakes
• Unnecessary stress on your family

At Alatsas Law Firm, we help Brooklyn residents make confident decisions about who to appoint in these important roles. In this blog, you’ll learn the differences between executors and trustees, what makes someone a strong candidate, and how to avoid common pitfalls.

🧾 Executor vs. Trustee: What’s the Difference?

Before you choose someone, it’s important to understand the difference:

📌 In many estate plans, the same person may serve both roles—but this isn’t required.

✅ Key Traits to Look for in an Executor or Trustee

Whether you're choosing a friend, family member, or professional fiduciary, consider these critical qualities:

1. Trustworthiness

This person will have access to money, property, and sensitive information. Trust is non-negotiable.

2. Financial Competence

Your executor or trustee doesn’t need to be a CPA, but they should be:

• Comfortable managing money
• Organized with paperwork
• Capable of working with financial advisors

3. Availability

Serving as an executor or trustee is a time commitment. Choose someone who:

• Lives nearby (especially for property management)
• Has the bandwidth to handle the job
• Won’t be overwhelmed by personal responsibilities

4. Neutrality

In blended families or situations with potential conflict, it may be better to appoint a neutral party who won’t play favorites.

🔗 Read about estate planning for blended families »

5. Willingness to Serve

Always confirm that your chosen executor or trustee is willing to take on the role. It’s also wise to name a backup in case your first choice is unavailable.

🚫 Common Mistakes When Choosing an Executor or Trustee

❌ Choosing Someone Solely Based on Birth Order

Being your oldest child doesn’t make someone automatically responsible, available, or capable.

❌ Naming All Children as Co-Executors

This can lead to:

• Conflict
• Inaction
• Legal gridlock

Only appoint co-executors if you’re confident they’ll cooperate—and understand the legal duties involved.

❌ Picking Someone Out of Obligation

Just because someone helped you through a tough time doesn’t mean they’re suited to handle estate management.

This is a legal and financial role—not a sentimental one.

🧑‍💼 Should You Name a Professional Executor or Trustee?

There are situations where hiring a professional fiduciary, such as an attorney or corporate trustee, makes sense:

• No suitable family members
• High-value or complex estate
• Risk of family conflict

🔗 Learn more about special needs trusts »

Yes, there may be fees—but these are often offset by greater efficiency and reduced conflict.

📑 How to Formally Appoint Your Executor or Trustee

🔹  In Your Will

Name your executor and at least one alternate. Use full legal names and establish their authority under New York probate law.

🔹 In Your Trust

Name your trustee(s) in the trust document and specify:

• Powers and limitations
• Successor trustees
• Compensation terms
• Guidelines for distribution

🔹 In Power of Attorney (POA)

While not an executor or trustee, your POA agent manages your affairs while you’re alive and incapacitated. Choose someone equally capable.

🔗 Learn what legal documents every estate plan should include »

📍 A Brooklyn Case Study

Miriam, a Midwood resident, named her son and daughter as co-executors out of fairness. They disagreed about every detail—from selling the family brownstone to dividing heirlooms.

The result? A 2-year probate delay and thousands in legal fees.

Had Miriam chosen a neutral executor—or picked the child better suited to handle finances—her family could have avoided the stress.

💬 Client Testimonial

“Teddy helped us think clearly about choosing the right trustee for our family trust. He gave us the confidence that our kids won’t be left with confusion or conflict.”
— Stephanie D., Park Slope

⚖️ How Alatsas Law Firm Can Help

We provide:

✅ Guidance on selecting trusted fiduciaries
✅ Legal language to protect your appointees from liability
✅ Flat-fee estate planning packages
✅ Experience in both family-based and professional trustee solutions
✅ Local knowledge of Brooklyn’s Surrogate’s Court system

🏁 Final Thoughts: Pick the Right Person—Not Just the Familiar One

The person you trust with your estate should be responsible, available, and objective—not just the closest or oldest relative.

We’ll help you make this critical decision as part of a comprehensive estate plan.

📞 Call (718) 233-2903 or
🔗 Schedule your estate planning consultation »