The Actors

Choosing a Personal Representative (Executor)

A personal representative nominated to handle your probate estate has a fiduciary duty (a duty to put your estate's interest before his own) to follow the directions of your will. You need someone in place that can handle this responsibility. Depending on your circumstances, your spouse is usually the initial personal representative.

If you are not married, children or close family can usually handle the responsibility of personal representative.  For those who can't rely on family and friends, professional personal representatives are an option. 

Call Mr. Patrick at 248-663-2566 if you have any questions about professional representatives.

Some important attributes of a good personal representative candidate include:

  • Trustworthiness.
  • Fiscally responsible so as to handle your financial affairs appropriately.
  • Easy to communicate with as necessary.
  • Depending on the goals of your will, proximity to the probate court.

Choosing a Guardian for Your Minor Children

A guardian nominated for your minor children has an important responsibility if they accept the job. Generally speaking, the guardian has a duty to handle the care, custody, and control of your minor children.

In addition to making sure your children are properly cared for, the guardian is required to file reports, as required, by the  probate court.

If you are not married, adult children or close family can usually handle the guardian role for your minor children.

Some important attributes of a good guardian candidate include:

  • Trustworthiness.
  • Easy to communicate with as necessary.
  • Relationship with children.
  • Proximity to the children.

For a list of frequently asked questions about guardianships, you can click here.

What is most important, is that your personal representative (executor) or guardian be the best choice for your circumstances. Remember, this process is not about making people feel equal. It is about assuring your wishes are followed when you no longer have a say in the matter!