Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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Who should you choose as your personal representative?

One of the most important steps when working through the estate planning process in Oceanside is choosing who will be your personal representative. This person will be empowered to administer your estate according to your own wishes, so you will want to ensure that he or she is competent and capable enough to do so. At the same, you may also want to give thought to how the appointment of your personal representative may be viewed by your beneficiaries, and if your decision could lead to unnecessary contention. Knowing this, who then should you choose? 

Understanding first who cannot serve as your personal representative may make the process easier. According to Section 8402 of the California Probate Code, one cannot serve as your personal representative if he or she: 

  • Is a minor
  • Is subject to a conservatorship of your estate
  • Is not a legal U.S. resident

Any limitations or potential for actions that could call your selection's capability of serving as your personal representative into question could preclude him or her from ever assuming the role in the first place. Also, one of your surviving business partners cannot serve in the role if an interested party to your estate objects to it. 

Above all, your personal representative should be someone that you trust. That may be a member of your immediate family. One definite benefit of a family member serving in the role is that he or she is likely already familiar with your estate's assets, as well as with your beneficiaries. Yet choosing a single family member could cause tension. If that potential is there, having a lawyer, accountant or bank is another option to consider. Such a party would be impartial and could bring extensive experience in estate administration to the role. 

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

Del Mar Office
445 Marine View Ave Ste 300
Del Mar, CA 92014

Phone: 858-356-4568
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Oceanside Office
301 Mission Avenue Suite 205
Oceanside, CA 92054

Phone: 760-712-3889
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