I am a widow and own my home. My son would be able to handle my affairs, etc. but should I make him the POA or executor...I do not want to leave any extra burdens on him or my daughter...Just seeking advice at this point.
I am glad to see that you are considering which options are best for you and your family moving forward. In order to respond to your questions though, I have some answers and questions for you:
1. Do you have a will? If you have a will already, has a revocable trust been created at the same time? You should definitely consider placing your home either in a trust or in some other type of estate (joint estate? life estate?) there are many options that may avoid probate.
2. You may want (and I highly suggest) a Power of Attorney (naming your son and possibly your daughter as an alternate) as the agent to step in your shoes if you are unable to handle affairs or speak for yourself. I would also suggest a Health Care Surrogacy (Health Care POA) to have your children (or other respected loved ones) as a surrogate if you cannot speak for yourself regarding health care decisions.
3. If you have a will, your son, daughter or another trusted advisor can be your personal representative (executor) and with a trust, you can name the trustee to handle any assets placed in the trust.
You should speak to an estate planning attorney or elder law attorney to help with these decisions. I wish you best luck.
Andrea Jakob
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