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How To Choose the Right Executor or Trustee for Your Illinois Estate Plan

 Posted on October 20, 2025 in Estate Planning

Barrington, IL estate planning lawyerSelecting the right person to manage your estate is just as important as writing the plan itself. Executors and trustees handle your property, pay your debts, and protect your wishes. Picking the wrong person can lead to legal issues and family disputes. An experienced Barrington, IL estate planning lawyer will help you choose someone who can be trusted with what you leave behind.

What Are the Legal Duties of an Executor or Trustee?

An executor is the person you name in your will to take care of your estate after your death. This person files the will with the court, pays bills and taxes, and gives property to the people you name in your will. They have to abide by the rules from the Illinois Probate Act of 1975, which explains how estates must be handled in court.

A trustee is someone you name to manage assets that you put into a trust. This legal arrangement lets another person manage property for someone else’s benefit. Trustees handle money, investments, and property for as long as the trust exists.

Both executors and trustees have what is called a fiduciary duty. This means they must always act in the best interest of your beneficiaries.

Qualities To Look for in an Executor or Trustee

When deciding who to name as a trustee or executor, look for someone with:

  • Good financial judgment and attention to detail

  • Clear communication with your family or beneficiaries

  • A calm and neutral attitude during stressful times

  • Enough time and willingness to take on the responsibility

  • An understanding of your values and goals

You want someone dependable and organized who will take the role seriously. You may also name co-executors or co-trustees. They must act together unless your documents say otherwise.

Should You Choose a Family Member, Friend, or Professional for a Trustee?

There are pros and cons to hiring someone close to you or an objective professional. A family member may know your wishes but could struggle to stay neutral if disagreements arise. A friend may offer fairness but might not know much about your finances. A professional trustee, such as a lawyer, accountant, or corporate trust company, brings experience and neutrality. However, they will charge a fee for their services.

If your estate includes real estate, investments, or a family business, a professional trustee may be a better choice. Professionals are trained to follow the law and handle complex financial situations. Under the Illinois Trust Code, trustees must act in good faith and avoid conflicts of interest. A professional may be better equipped to meet these legal standards.

Can You Change or Remove an Executor or Trustee?

You can change your executor or trustee at any time while you are alive and mentally capable. If your situation changes, like through a divorce or death, you typically need to update your plan. All documents should reflect your current wishes and family circumstances.

Under 760 ILCS 3/706, a trustee may be removed for misconduct or for not acting in the beneficiaries’ best interests. Executors can also be replaced if they are unable, unwilling, or unfit to serve. Consider reviewing your estate plan with your attorney every few years to make sure your choices still make sense.

Talk to a Barrington, IL Estate Planning Attorney Today

An experienced attorney can help you compare options and choose the right executor, trustee, or both. At Lucas Law, Attorney Joseph M. Lucas has practiced law in Illinois for more than 35 years. He is both a skilled trial lawyer and an effective negotiator. He uses his knowledge and experience to help clients protect their property and provide for their loved ones after death.

Call 847-381-8700 to schedule a consultation and discuss your estate plan needs with a trusted Barrington, IL estate planning lawyer today.

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