July 2025: 

The MLO Minute: “The Importance of Appointing Successors in Estate Planning Documents” — 

By Jennifer Simons, Esq., Attorney in the Estates and Trusts Department — 

Most people understand the importance of having a Will, power of attorney, advance medical directive, and other various estate planning documents in place. But another important, and sometimes overlooked item, to include in your documents, is the appointment of successor individuals who would take over if the person appointed in the document is unable to fulfill that role for any reason.

Almost all estate planning documents require the appointment of individuals who will serve in fiduciary roles, such as executors, agents under a power of attorney, trustees, etc. But failing to appoint a successor individual for these roles can sometimes result in the document no longer being effective, such as with a power of attorney. If the power of attorney document does not appoint a successor agent, the document will be of no use if the primary agent is unable to serve for any reason. If that happens, you would need to sign a new power of attorney document, if you still have the capacity to do so. If you no longer have capacity at that time, then guardianship proceedings may be needed, which can be expensive, time-consuming and potentially result in a person being appointed whom you would not have chosen, to make healthcare or financial decisions on your behalf.

In the case of a trust, court approval may be needed to appoint a successor trustee if the document does name a successor and does not provide for the appointment of a successor trustee. If court approval is needed, that process can also be expensive and time consuming. And if a successor executor is not appointed under a Will, then a successor will be appointed by the court according to Pennsylvania law, and who is entitled to serve in that role, and who may not be the person you would have chosen.

All of these pitfalls can be avoided by simply naming a successor (or perhaps multiple successors) in estate planning documents. If you are having trouble deciding who to name, you may want to consider not only naming immediate family members, but more remote family, such as nieces or nephews, or even close trusted friends. There are also professional individuals and agencies who will serve in these roles for a fee. When considering who to name, it is important to first discuss it with the person you wish to name, to make sure that they are willing and able to serve in that capacity.  Naming a successor now can prevent more work and expense in the future if you become incapacitated, or upon your death.

If you have questions about naming a successor agent in your documents, or if you wish to modify your estate planning documents to add a successor agent, you may contact our office at 610-648-9300 or by CLICKING HERE, and ask to speak with one of our experienced attorneys in our Estates and Trust Department.