Who are fiduciaries?These are the people you trust to carry out your wishes. An executor handles your will, a trustee manages your trust, and agents make financial or medical decisions on your behalf if you can't.
Executor (carries out your Will)
How to choose your executorYou cannot name yourself. It is generally not recommended to name your spouse — they may be grieving, lack financial experience, or have a conflict of interest (especially in blended families). Best choices: a trusted adult child, sibling, close friend with financial literacy, or a professional (CPA / attorney) for large or complex estates. Always name a backup.
Consider carefullyNaming your spouse as executor can work, but be mindful: they may be overwhelmed by grief, lack financial or legal experience, or — in a blended family — have a conflict of interest with your children. Consider naming an adult child or professional as co-executor or backup.
Trustee (manages your Trust)
How to choose your trusteeFor a revocable trust, you serve as your own trustee during life — name a successor for incapacity or death. For irrevocable trusts (MAPT, ILIT, SNT), you cannot be the trustee. Your spouse can serve, but an independent trustee (adult child, CPA, corporate trustee) is often preferred for objectivity and for avoiding IRS challenges.
Good choice for revocable trustYou serve as trustee during your lifetime. Your successor trustee takes over if you become incapacitated or die. You maintain full control.
Power of Attorney Agent
Health Care Proxy Agent
Guardian (for minor children)
Who should be guardian? Choose a trusted adult who shares your values and parenting approach — typically a sibling, close friend, or other family member. Your spouse is automatically the surviving parent; the guardian only acts if both parents are gone. Do NOT name your spouse as guardian here.
