Leaving Instructions for Your Executor

Question

I plan to leave all of my property -- including my house -- to my three children. I know none of them will want to actually own the house, so I want to instruct my executor to sell the house and then divide the proceeds among my children. How do I do this using the WillMaker will?

Answer

You cannot leave instructions for your executor in your WillMaker will. Our will is designed to provide your executor with the maximum amount of flexibility for wrapping up your estate. So, you can use your WillMaker will to leave your house to your three children, but it will be up to your executor how best to pass those shares to them. This kind of flexibility is especially useful with real estate, because it allows the executor to consider market conditions before selling property.

Although you can't leave instructions within your WillMaker will, you can leave instructions in a separate letter to your executor. You can do this using WillMaker's Letter to Survivors -- find it under Estate Planning on the All Documents screen. This letter will not be binding, but it does allow you to make your wishes known. This method will work well for those who fully trust their executors to follow their wishes while doing what is best for the estate.

If you don't have complete confidence that your executor will act in the best interests of your estate, or if you feel strongly about leaving instructions to your executor within your will document, then the WillMaker will is not for you. See a lawyer for help crafting a will that fits your needs.

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