E252 What Happens if Your Professional Executor Dies?

<p>Listener, Raymond, asks: “What happens to your clients if you die? By <em>you</em>, I mean Anthony S. Park. Who is your backup?” He posted this question on a professional executor video, so we’ll answer in the context of me being a professional executor as opposed to being an attorney.</p> <p>Thanks for your question, Raymond.</p> <h2>Can an executor transfer his duties?</h2> <p><img class="aligncenter size-medium wp-image-41632" src= "https://anthonyspark.com/wp-content/uploads/2022/02/Can-an-executor-transfer-his-duties-300x169.jpg" alt="Can an executor transfer his duties?" width="300" height= "169" /></p> <p>If you name me as your professional executor, can I delegate my duties to someone else? No, the roles of a fiduciary (trustee, executor, etc.) are non-delegable. So, if I die, I can’t just say that my spouse, or paralegal, or law partner can take over.</p> <p>Why not? Because it's not my choice as to who should be your executor - you chose me for a reason. It’s not up to me to grab one of my colleagues to step in; there’s more to it than that. It should be your choice.</p> <p>By the way, this is not a limitation to just professional executors; this applies to any executor. The same principals apply if you name a spouse, nephew, or friend - they can’t just pass it along to someone else.</p> <h2>Can you have a backup executor?</h2> <p><img class="aligncenter size-medium wp-image-41633" src= "https://anthonyspark.com/wp-content/uploads/2022/02/Can-you-have-a-backup-executor-300x169.jpg" alt="Can you have a backup executor?" width="300" height= "169" /></p> <p>Yes, you can and should name a successor in your will or trust. In your will, the appointment of a successor executor will be in the same or following paragraph where you nominate me as executor. For example, “I appoint Anthony S. Park as my executor, but if he cannot fulfill his duties, then I name __________ as my successor executor.”</p> <p>I recommend naming at least one successor executor, but no more than three. You need at least one back-up, b