Fiduciaries: An Overview

Fiduciaries: An Overview

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When it comes to financial matters we need several people we can trust to act in our best interest. These people include friends, relatives and professionals. In legal language, such people are called fiduciaries.

A fiduciary can be a person or institution that you trust would act in your best interest when you need help. Fiduciaries can include attorneys, bankers, business advisers, mortgage brokers, real estate agents etc.

When you plan your estate, youll need to name several fiduciaries. Your attorney can advise you how to choose the following fiduciaries from among your acquaintances, friends and relatives.

Personal Representative/Executor This person will look after your Estate according to the directives you have written in your Last Will and Testament. You can name more than one person or even an institution like a bank as your Executor.

Trustee Also known as a Successor Trustee, this person looks after the work of your Trust after your death, or if you cannot look after the Trust yourself due to illness or disability.

Health Care Agent/Surrogate This person will make decisions about your medical issues as you have written in your Advance Medical Directive or your Durable Healthcare Power of Attorney. You cannot name an institution as your Health Care Agent.

Attorney in Fact/Power of Attorney This person will make financial decisions on your behalf according to your Financial Power of Attorney. You can name more than one person or even an institution as your Attorney in Fact.

Preneed Guardian This person looks after your needs and property if you become mentally ill.
Guardian for Minor Children This person looks after your minor children in case both you and the childrens other parent pass away.

Often, people name one person, like a spouse or their children, to fulfill multiple fiduciary roles. No matter who you name as your primary fiduciary, youll also want to name a secondary fiduciary just in case your first choice is unavailable. Your attorney is the best person to guide you through the process of naming your fiduciaries.




About the Author:
Mark S. Eghrari and Associates PLLC is a leading provider of expert estate planning guidance in Long Island, NY. To learn more about fiduciaries and other estate planning services, visit our website.



Article Originally Published On: http://www.articlesnatch.com


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