The title of this blog post is such a fantastic question. It is also extremely logical. After all, a loved one’s Will can be an overwhelming legal document if you have never read one before and are suddenly responsible for carrying out its instructions. The good news? Executors like you can often jump straight to the really important stuff.

So please, do not feel as though your goal should be to read it cover to cover and memorize every detail. Instead, focus on getting oriented with the document and your duties. Start with these three portions:

1. The executor/administrator provisions

2. The executor/administrator powers

3. The distribution provisions

Please keep reading as we dive deeper into these three sections.

The Purpose of the Executor/Administrator Provisions Section

Without getting too deep into the weeds here, you will first want to check whether there is a co-executor or administrator acting alongside you. Often, loved ones name a single executor to carry out their wishes. That said, it is not uncommon to choose more than one. This matters a great deal because if a co-executor is named, you may be required to make decisions jointly. A few examples might include signing documents together and agreeing on key actions throughout the probate process. In other words, every decision must be agreed to by all parties.

Reading this provision carefully helps avoid confusion before you take any formal steps and sets the foundation for your authority and role moving forward.

The Purpose of the Executor/Administrator Powers Section

Once you understand your role and whether you may act alone or as a duo, it is equally important to understand what your specific duties are as they relate to your loved one’s Will. This section outlines the specific powers granted to you so you can carry out your responsibilities without unnecessary delays or missteps.

You will also want to note whether there are any special provisions, such as restrictions on investing and selling Estate assets, and whether the Estate has the right to permit beneficiaries to live on property owned by the Estate. In short, the powers section tells you what you can and cannot do.

Reviewing it early can protect you from unintentionally overstepping your authority.

The Purpose of the Distribution Provisions Section

With this section, you will want to note the following: whether there are any specific bequests of particular assets to particular people (or to their shares of the Estate); any restrictions on the use and/or sale of assets (such as a beneficiary’s right to reside on a particular property or right of first refusal to purchase a particular property); and most importantly, to whom, when, and how distributions are to be made from the Will (including any powers of appointment given to beneficiaries, that may allow them to change the original terms).

Key Tips to Interpreting the Entire Document

In interpreting the rest of the document, here are some general rules of document construction:

1. Specific intent controls over general intent. The entire document should be construed in such a way that it is consistent from beginning to end. For instance, if the interpretation of a particular language would cause a conflict with another part of the document, choose an interpretation that is consistent, if such an interpretation is possible. If there is a conflict, select the option that appears most consistent with the general intent.
2. “May” is permissive and allows discretion.
3. “Shall” is mandatory and does not allow discretion.
4. “Consider” means what is appropriate, not something that is required. For example, “consider other resources before making distributions” means that, when other assets are available, a distribution may not be necessary. This is one place where you can “add to” or “subtract from” the document’s actual language.
5. “Support” and “maintenance” are synonymous and mean making contributions of money or services necessary for the maintenance of a person. This can mean the cost of living, food, clothing, shelter, medical care, etc. Some Wills do not use both terms because Medicaid eligibility can be lost if the Will uses the term support.
6. “Standard of living” means the person’s standard of living at the time of the Decedent’s death, or at the time the document was drafted, not what you think his or her standard of living should be.
7. A “support trust” requires making distributions to a beneficiary in many cases. Always interpret this clause to require distributions if there is a question, even if you think that the distribution is unwise. The beneficiary of a support trust can bring an action to compel a distribution. A true support trust directs the executor/administrator to pay or apply only so much of the income and principal as is necessary for the education or support of the beneficiary. 

When in doubt, always consult with an estate planning attorney. An experienced attorney can help untangle the legal language, explain your responsibilities, and help you move forward with clarity and confidence.

Please do not take this guidance for granted. It is there for a reason.

Call Leigh Hilton PLLC Today!!

Having a competent attorney in your corner will help you and your family navigate the often overwhelming waters of protecting everything you own and everyone you love. That is our job, and we think we do it better than anyone else. Call Leigh Hilton PLLC so we can help ensure you and your family are taken care of in the best possible way.

Leigh Hilton PLLC wants to be your first call every time for any estate planning need. We look forward to serving you.