Q: My dad has asked me to handle things when he passes. I am the oldest of the kids. There are two brothers. Mom died several years ago. Dad and the lawyer took care of things then. While it is touching he has asked me to be the executrix, isn’t it pretty risky?

— J.L., Hawthorne

A: If you are an executrix, trustee or administrator, you have what the law refers to as “fiduciary duties.” This means a heightened responsibility to conduct yourself honestly, competently and in utmost good faith. It is not an ordinary duty — it is an extra layer of obligation. I do not know what your relationship is with your brothers, or how either may react to your dad passing. Sometimes death brings out “feelings” no one expects. Your dad’s heirs likely are entitled to various items, notices and information, as well as perhaps at least one accounting, if not distributions, in due course.

If you are designated to “run the show,” they are entitled to rely upon you to conduct yourself in genuine good faith, and with real diligence. You can talk out your concerns with your dad, at least.  Perhaps he can have language in his trust, will or similar documents that creates a disincentive to one of the heirs making legal challenge (similar to a no-contest clause, addressed below). Another step is to have legal assistance, someone to guide you who may also handle the more sensitive or delicate issues. You should explore what liability insurance might be available to you.

Yes, there is arguable risk if you accept your dad’s delegation of responsibility. You cannot wholly extinguish your liability for carelessness, and certainly not for willful misconduct. Nor can any of us prevent someone from being foolish enough to make a bogus claim. If it helps, there is probable (statutory) payment to you for your services, if you accept your dad’s request. Bottom line: Sit down with a qualified attorney, and take the time to talk out your issues and concerns.

Q: What does it mean when a will has a no-contest clause? We think one of our relatives got mom to change things shortly before she died, when mom was not thinking straight.

— S.M., San Pedro

A: In an effort to discourage challenges to a decedent’s will, a no-contest clause creates an express risk that an heir who challenges the decedent’s directives could forfeit all or nearly all of what he or she otherwise will receive. But, the disincentive in California is not quite as strong as it may sound. To enforce a no-contest clause, a showing must be made that the challenge was without probable cause; this can be a difficult burden to carry. Still, a no-contest clause does create real food for thought, and an actual hurdle, if someone tries to overturn what the decedent has provided.

Self help

The self-help website of the Los Angeles court system has useful information available about wills, trusts and issues concerning probate. Go to www.courts.ca.gov/8865.htm/.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.