When all of the decisions have been made and estate planning documents have been signed, many of our clients have a common question: “should I tell the people I named in my documents that they have been nominated as a personal representative, trustee, guardian, etc.?”

I generally tell my clients that before they name someone to serve in any of these roles, they should discuss the importance of these roles with their designees so as to make certain they are willing to act for them. For example, if you name your best friend to serve as guardian for your children, but later discover they are unwilling to serve in that role, many significant problems can result.

Of course, after the documents have been signed, talking about your documents with your designees is one of personal preference. For many of us, we like sharing with people certain things (but not all things) about our lives, and estate planning is no different. Letting someone know that they may be called to serve as your trustee does not mean you have to give them detailed information about your assets, but it would be worthwhile to let them know where they can locate a listing of your assets if they need to act.

Moreover, providing your designees with copies of your documents, or at least the location of where your documents are stored, is also worthwhile. The reason for this suggestion is oftentimes people are called to perform for you in emergent situations, perhaps when you are unable to communicate with them. If no knows where your documents are located, then your documents will serve no useful purpose.

When you are talking about these matters with your designees, it is important to let them know that they are not under a legal obligation to act for you. If at any time they are unwilling or unable to serve, they are certainly able to resign from that position. Because of this possibility, I often recommend that my clients name successor designees.

As a final matter, you may wish to also give them the contact information of your attorney and let them know if your attorney is available to answer any questions they may have. This may be as simple as providing your attorney’s business card or a link to their website. You may also consider writing your designees a letter that they receive when they need to act which further explains what duties you wish for them to perform and the people in your life that may be able to help them, such as your attorney, accountant and financial advisor.