How to Choose the Right Executor for Your Estate

Episode Summary:

In this episode of Off the Record, South Carolina family law and estate planning attorney Rhett Burney discusses one of the most important estate planning decisions: how to choose the right executor. Rhett explains the critical role executors (or personal representatives) play in administering an estate, from locating assets to ensuring heirs receive what they are entitled to. He highlights the differences between executors, trustees, and powers of attorney, while also sharing practical advice on selecting the right person for the job. Rhett outlines common mistakes people make, why responsibility matters more than financial knowledge, and how courts handle disputes or misconduct by executors. He also shares real-world stories of what can go wrong—and how to avoid leaving your family with unnecessary conflict or financial loss.

Key Timestamps:

00:01 – Show introduction 01:15 – Defining the executor’s role after someone passes away 04:30 – Difference between executor, trustee, and power of attorney 08:20 – The biggest mistakes people make when choosing an executor 11:45 – Why responsibility is more important than financial knowledge 15:10 – The risks of naming co-executors 18:00 – What happens if an executor refuses or mishandles the role 21:25 – Fiduciary duties, accountability, and legal consequences of misconduct 25:40 – Real-life examples of probate court removing or jailing executors 30:15 – Factors to consider when deciding who should serve as executor 34:50 – What to do if you don’t have a spouse, children, or trusted family members 38:10 – Final tips for making the right executor choice

About the Show:

Off the Record with attorney Rhett Burney breaks down South Carolina family law and estate planning in a practical and approachable way. With over 30 years of legal experience, Rhett helps families make smarter decisions about their future by providing clear explanations and real-world guidance on legal issues that matter most.