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How to Choose the Right People for Your Estate Plan

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April 30, 2026 •  Emily Hicks Law, PLLC
When creating your estate plan, one of the most important—and often most difficult—decisions is choosing the right people to carry out your wishes. These roles come with real responsibility. The individuals you choose will step in during critical moments, whether that’s managing finances, making medical decisions, or handling your estate after you’re gone. So how do you choose the right people?

When creating your estate plan, one of the most important—and often most difficult—decisions is choosing the right people to carry out your wishes.

These roles come with real responsibility. The individuals you choose will step in during critical moments, whether that’s managing finances, making medical decisions, or handling your estate after you’re gone.

So how do you choose the right people?

Start by Understanding the Key Roles

Before making decisions, it’s helpful to understand what each role involves:

  • Personal Representative (Executor): Handles your estate after death—gathering assets, paying debts, and distributing property
  • Trustee: Manages any trust assets and carries out the terms of your trust
  • Agent under Power of Attorney: Handles financial matters if you become incapacitated
  • Healthcare Surrogate: Makes medical decisions if you’re unable to do so
  • Guardian (if applicable): Cares for minor children

Each role requires a slightly different skill set, so you don’t necessarily need to choose the same person for everything.


What to Look for in the Right Person

There’s no “perfect” choice—but there are a few key qualities to keep in mind:

1. Trustworthiness
This may seem obvious, but it’s the foundation. You’re giving this person significant authority, so integrity matters.

2. Responsibility and Organization
These roles involve paperwork, deadlines, and communication. Choose someone who is dependable and detail-oriented.

3. Ability to Handle Pressure
These decisions often happen during stressful or emotional times. It’s important to choose someone who can stay calm and think clearly.

4. Willingness to Serve
Never assume—always ask. Make sure the person you choose is comfortable taking on the role.


Common Mistakes to Avoid

Choosing based on emotion alone
It’s natural to want to name a close family member, but the best choice is someone who can effectively handle the responsibility.

Naming the same person for every role
While it can work in some cases, it’s not always ideal. Different roles may be better suited to different individuals.

Not considering location or availability
If someone lives far away or has a demanding schedule, it may make things more difficult when the time comes.

Failing to name backups
Always have a contingency plan in case your first choice is unable or unwilling to serve.


Should You Choose Family or a Professional?

In some cases, a trusted family member is the right fit. In others—especially when things are more complex—a professional (like a corporate trustee or advisor) may be a better option.

This is especially worth considering if:

  • There are complex assets involved
  • There’s potential for family conflict
  • You want a neutral third party

Communication Is Key

Once you’ve made your choices, don’t keep them a secret. Let your decision-makers know:

  • That they’ve been chosen
  • What their role involves
  • Where to find important documents

This simple step can make a significant difference when the time comes.


You Don’t Have to Get It Perfect

Many clients feel pressure to make the “perfect” choice—but the reality is, you’re making the best decision you can with the information you have today.

And remember—your estate plan can evolve. If your relationships or circumstances change, your plan can change too.


The Bottom Line

Choosing the right people is one of the most important parts of your estate plan—but you don’t have to figure it out alone.

With the right guidance and a thoughtful approach, you can feel confident that the people you’ve chosen will carry out your wishes and support your loved ones when it matters most.

Ready to plan? Book a call today.

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