Future.

If the time has come for you to consider naming an executor for your estate, the mere thought of it may be keeping you up at night. You hesitate to put such a burden on your spouse, and your only child lives on the opposite side of the country and is busy with a family of her own. That only leaves one other close family member, Uncle Bob – but is he the right choice?

The duties of an executor

The responsibilities an executor faces could be relatively easy or extremely complex, depending on the size of your estate. Basic duties include filing papers with the court to start the probate process, which determines the validity of your will; taking inventory of the contents of your estate; and using the funds to pay funeral costs, bills and taxes. Your executor will also notify the appropriate agencies and companies about your death, terminate your credit cards and take care of filing your income tax returns. The final responsibility would be to distribute assets to the beneficiaries you named in your will.

The qualities an executor should have

What may be keeping you up at night is that Uncle Bob has never been a particularly astute businessman. He is a researcher; he spends his time in a lab, after all. However, he is calm under pressure, he is admired by many for his common-sense approach to problems and he knows how to keep to a budget. You could do worse, but there is still something nagging at you about Uncle Bob.

Choosing an alternate

While you are considering who to name as your executor, you should also think about a successor, someone who can take over if your first choice is, for some reason, unable to serve. If you prefer, you can also ask the executor you appoint to name a successor; you can always approve or disapprove the choice.

The final decision

One of the qualities you want in your executor is someone who is conservative in terms of managing money. Your Uncle Bob fits this description, and in most respects, you feel he would be a good choice. However, the biggest problem with Uncle Bob as executor has finally occurred to you: This man is 12 years older than you are and may well pass away before you do, so you must cross him off your list. Now who should you choose? The best option may be to select a third party. Stay proactive. Lower your stress level and get good advice by reaching out to an attorney experienced with matters.

If you are struggling to make ends meet, you are not alone. The Administrative Office of the United States Courts reports that there were over 11,000 filings for bankruptcy in Mississippi over a twelve month period ending September 30, 2016.

If considering bankruptcy, it may help to know some of the benefits of the process. Three examples include:

• No more phone calls, letters or contact. If your petition for relief through bankruptcy is approved, contact from debt collection agencies ends. Any attempt to make contact with you is illegal and can result in legal action against
  the agency that is making the attempts.
• Debt can be discharged.Depending on the type of relief sought, bankruptcy can also result in the discharge of debt. This essentially means the debt is forgiven and you are no longer responsible for the payments.
• Credit scores can go up. It may seem to go against what you know about bankruptcy, but the process can actually help raise your credit score. Failing to make required payments can hurt your score. Although going through bankruptcy will likely have an initial negative impact, it allows you start over. You can take proactive steps after bankruptcy to rebuild your score and, ultimately, be better off than you were before you filed for relief.

These are just a few of the benefits that can come with an approved bankruptcy petition.

Navigating through the process and weighing the pros and cons can be an intimidating process. As a result, it is wise for those who are considering bankruptcy for debt relief to contact an experienced attorney. Your attorney will review your situation, provide advice to help you get your financial footing and advocate for your legal rights to help you get there.