“Despite numerous conversations over the past year, she has refused to take any action.” (Photo subject is a model.) – Getty Images/iStockphoto Dear Quentin,
I am the executor and sole beneficiary of my sister’s estate. There is no alternate executor named.
My sister lives in Seattle, while I live in Denver. Neither of us has ever married, and we have no other family. I agreed to serve as her executor many years ago, but we are both now in our early 70s. Her estate is fairly typical — a condo, mutual funds and other assets — with an estimated value of around $1 million.
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About a year ago, I realized that I am no longer up to the task and asked her to begin looking for a professional fiduciary or trust company in her area to serve as executor instead. Despite numerous conversations over the past year, she has refused to take any action, and I have grown increasingly resentful of the situation.
Her attitude is essentially that, from her perspective, she’ll be dead, so it won’t be her problem, and I can “figure it out.” While we have never been close, we have always been civil. I haven’t seen my sister since our mother’s funeral more than 20 years ago. She lives in Seattle. I literally don’t know anyone there or have any idea how to navigate the probate process.
What options do I have in this situation?
Distant Sister
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Your letter raises a broader question about choosing battles wisely. – MarketWatch illustration Dear Distant,
Your sister sounds overwhelmed by her estate planning. And so do you.
Here’s the easiest and the smartest route to take: keep the peace while your sister is alive. She has — from what you say — left her estate to you. Badgering your sister now, when you know she doesn’t want to deal with this, could be enough for her to change her beneficiaries and her will. I am 100% aware that you don’t mention money, but it seems like you would be staring a gift horse in the mouth by persisting with this argument.
In the event that your sister does predecease you, which — it may be indelicate to point out — is not a given, you can decline the executorship with relative ease provided you have not begun administering the estate. The court will appoint someone in your absence, and her estate will be administered, potential debtors will have an opportunity to be made whole and the assets will be distributed after the legal process has taken its course.
Story Continues
Your letter raises a broader question about choosing battles. You have not seen your sister in 20 years, but you are her only living relative. It’s a gesture to say, “You’re my sister. We may not be the best of friends, but I trust you to administer my estate.” Yes, it’s a big responsibility and time-consuming, but it’s also a compliment. After she dies, you will have time to resign. (It also raises another question: Who will you choose as your executor?)
Sometimes the best solution isn’t persuading someone to change their mind — it’s realizing you don’t need them to bend to your will. It’s OK not to get your own way sometimes. Once you know you can decline the appointment if the time comes, the impasse no longer has the same urgency or relevance. Your sister does not want to revisit her estate plan. She may bristle at the paperwork or issues of mortality. Pursuing this does not seem productive for either of you.
Legal process for declining
You cannot be forced to serve as an executor, even if you’re named in a person’s last will and testament, says James A. Jones, an attorney based in Tacoma, Wash. The appointment is a nomination, not a legal obligation, and you have the right to decline. If you decide not to serve, however, the law firm recommends that you do so promptly so the estate can be administered without unnecessary delays. (Read more here.)
Common — and valid — reasons for declining include living far away, health issues, conflicts of interest and/or merely lacking the time or ability to manage the estate, the law firm adds. “This situation happens more often than you might think. Being named as an executor doesn’t mean you’re locked into the role,” it says. Washington State law provides clear pathways when a person appointed as a personal representative wants to step down.
“When you decide not to serve as executor in Washington, you don’t need to provide detailed explanations or justifications,” the law firm adds. But timing matters. “If you decline before the court appoints you, you simply don’t file a petition for letters testamentary. You’re under no legal obligation to step forward. However, you should notify the beneficiaries and any alternate executors named in the will about your decision as soon as possible.”
The path of least resistance is to decline after your sister dies, again assuming she passes away before you, and to ensure that these remaining years — while not marked by emotional closeness — are not marred by acrimony and testiness when such negativity can be so easily avoided. Probate could take anywhere from four to 12 months, and the executor is entitled to just and reasonable compensation (usually 1% to 3% of the estate).
Don’t spend your time trying to solve a problem that may never even arise.
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