✩ An Ounce of Prevention. . . .The Ugly PR
Posted: July 1st, 1999 by Adam R. GaslowitzThis article appeared in a regular column for Mortmain, the quarterly newsletter for members of the Estate Planning Section of the Atlanta Bar Association focusing on tips and strategies for estate planners in minimizing the risks of future estate litigation. Issue #2, Summer, 1999.
Probably one of the largest growth areas in the fiduciary litigation field that we have seen over the past few years, and probably the easiest to foresee and/or prevent concerns the mismanagement of estates and trusts by executors, trustees or personal representatives (collectively referred to as “PR”). I’ve seen too many disputes arise out of one bad choice.
I encourage you not to get lazy in your planning and let your client do anything stupid or short sighted here. Take the selection of personal representatives seriously and make sure you convey that seriousness to your clients. Too often the choice is made off handedly based on a client’s uninformed or ill advised preference for one person over another. Frequently the decision is made long before the actual details of the estate plan have been formulated, and longer still before the actual need for the PR comes to pass. Therefore, it might be advisable to quiz clients in some detail on their possible choices and the relationship between the various parties who are likely to play out the post-mortem end game.
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