An executor has a fiduciary responsibility to protect the estate, manage its affairs, and move it toward settlement. It is a job with considerable authority, plenty of moving parts, and often very little preparation.
There is a lot to do, sometimes in a relatively short period. The work comes in fits and starts, with unexpected delays, new demands, unfamiliar people, and decisions that can’t always wait.
Being street smart means keeping your eyes on the big picture, using your time wisely, and knowing when to slow down.
And when it comes to scams, street smarts can save an estate considerable money, time, and trouble.
Verification Is Everything
Executors encounter all sorts of people: contractors, buyers, creditors, service providers, financial representatives, and individuals claiming some interest in the estate.
Most are entirely legitimate. Some may not be.
Remember that probate information is often public, and an estate can attract attention from people you have never met.
Verify identities, credentials, claims, and requests independently. Don’t rely solely on the telephone number, website, or documents someone hands you.
If you find yourself in a position where you cannot verify something, but someone insists you need to move forward, pump the brakes.
A perfectly reasonable response is:
“I’ll need to run this by my attorney. He’s a good one.”
You don’t need to justify the delay. As a fiduciary, caution is part of your job.
Know Who You’re Dealing With
Street smarts extend to who you let into the house, who has access to estate property, and who knows your plans.
There’s no need to become suspicious of everyone. But a little situational awareness goes a long way.
Let trusted friends or family know where you’re working and what you’re doing, particularly when meeting unfamiliar people at an estate property.
Transparency is good practice anyway. Communication helps keep everyone informed and reduces misunderstandings.
Get It in Writing
As an authorized signatory for the estate, you may wield considerable financial authority. That authority carries responsibility.
Before agreeing to services, sales, expenses, or other arrangements, consider both sides of the transaction.
What are they asking for? What are you asking for? What exactly is being promised, at what price, and under what conditions?
Don’t rush into a deal simply because it moves something off your desk.
A hazy agreement is no agreement.
Get it in writing. Make sure you understand it. Be comfortable with the terms before you commit estate resources.
When appropriate, run it by your attorney.
Your Team Is an Asset
If you’re fortunate enough to have a few trusted friends, family members, or advisers willing to help, you’re ahead of the game.
These people can provide another set of eyes, a second opinion, and someone to bounce ideas off when circumstances become confusing.
A good estate attorney is an invaluable asset. But even attorneys should not be beyond reasonable questions.
Sometimes your closest advisers can help you recognize when you need to ask your attorney for a clearer explanation or seek a second professional opinion.
The executor’s job can be lonely. You don’t have to make every judgment in isolation.
A Practical Scam Checklist for Executors
Estate administration involves unfamiliar transactions, people, and requests. A few simple precautions can prevent expensive mistakes.
Before committing estate money, property, information, or access, ask yourself:
- Have I verified who I’m dealing with? Independently confirm identities, businesses, professional credentials, and contact information.
- Is this a legitimate estate obligation? Verify unfamiliar bills, creditor claims, collection notices, and demands for payment before paying anything.
- Am I being pressured? Urgency, threats, secrecy, and demands for immediate payment are warning signs. Don’t let someone else’s manufactured deadline become your emergency.
- Have payment instructions changed? Independently confirm bank account details and wire instructions using a trusted telephone number, especially when changes arrive by email or text.
- Who is entering the estate property? Know who you’re admitting, why they’re there, and whether someone else should be present. Don’t give strangers unrestricted access.
- Am I sharing sensitive information unnecessarily? Protect account numbers, Social Security numbers, financial records, passwords, and estate documents.
- Is the agreement clear and in writing? Confirm the scope of work, payment terms, responsibilities, and any conditions before signing.
- Have I kept a record? Document conversations, transactions, receipts, agreements, and decisions. A good paper trail protects both the estate and the executor.
- Would a second opinion help? When something doesn’t add up, consult your attorney or a trusted adviser before proceeding.
The street-smart rule: If you can’t verify it, don’t authorize it.
Street Smart Means Knowing When to Stop
Moving the estate forward doesn’t mean moving recklessly.
Sometimes the smartest decision is to postpone a transaction, make another phone call, ask one more question, or simply say, “Not yet.”
Verification. Communication. Written agreements. Trusted counsel.
None of these should be considered obstacles to getting the job done. They’re how a careful executor gets the job done.
Street smart means knowing the difference between progress and unnecessary risk.
And sometimes, the best way to move the estate forward is to pump the brakes.