Who Should I Choose as my Personal Representative or Trustee?

This is a fundamental decision to be made with estate planning, but there is no one-size-fits-all answer. Most people will choose their spouse as the personal representative (this is the term used in Montana for an executor) of their estate or trustee of their trust.

But, what if my spouse dies before me? What if I am unmarried? What if my spouse is incapacitated? Or what if my spouse is just old and lazy and doesn’t want the responsibility!?

Many clients will look to their children next. Here, you should pick your most responsible adult child. You do not need to select your oldest child if they are not the best choice for the job. If one of your kids is an accountant and well organized, they may be the best choice for trustee. You may also take into consideration the location of your children, as it usually makes sense to pick the local child instead of one that lives out-of-state. If you wish, you can select two people as co-personal representatives or co-trustees. We typically advise not to have more than two people serving at once, as you will end up with too many cooks in the kitchen and an administrative mess.

People who don’t have adult children, or who have irresponsible children, may select a sibling, parent, or close friend. Another situation in which clients choose to select someone besides one of their children is when they know that their children are prone to arguing and fighting, and that giving one power over the others (or, even worse, asking them to work together) will certainly just lead to issues.

When selecting your successor, you will want to consider that person’s financial literacy, level of maturity and responsibility, and understanding of your wishes. If someone has a history of addiction or severe physical or mental health issues, they may not be the best choice. You may trust your older brother more than anything, but there is a good chance you will outlive him, so he might not be the ideal candidate.

Remember, if you have a will or a revocable trust, you can always change your personal representative or trustee. We recommend that you revisit your documents every few years to consider whether the people you selected are still the best fit for the job.