Use of fiduciary for executor or trustee
I have the very unfortunate situation of an unreliable family and no one to name as executor or trustee on will or trust. Attorneys have given references to some fiduciaries associated with banks and then sometimes a certified fiduciary by themselves (private I guess). How do I select this stranger???? Also can this agent also sign the Advance Directive – very limited – just to aurthorize burial – just so I will get buried without bothering with my unreliable family?
Re: Use of fiduciary for executor or trustee
You are in a very difficult situation.
As of January 2008 private individuals in California who act as fiduciaries for 3 or more non-family members are required to be licensed by the state and bonded. That doesn’t mean that they aren’t unreliable, but at least it reduces the possibility that they are.
There’s a California Association of Private Professional Fiduciaries. It’s website is: http://www.pfac-pro.org/pages/index.htm
You can also check out the Dept. of Consumer Affairs:
http://www.fiduciary.ca.gov/
and
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10705&id=36464
These individuals can make health care decisions (including burial) for you, but I don’t know if all of them are comfortable doing that.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
Janet Brewer
Law Office of Janet L. Brewer
460 So. California Avenue Suite 306
Palo Alto, CA 94306-1606