Who Runs Your Estate Plan When You Can't? Choosing the People, Not Just the Documents

Brad Cummings • 3 October 2026

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The documents are only as good as the people named in them. Most veterans pick those names in thirty seconds.

You can draft a flawless trust, a careful will, and a durable power of attorney, and still leave your family a mess, because every one of those documents hands authority to a person, and the person is the part most people spend the least time on. The spouse by default. The oldest kid by default. The battle buddy from the deployment, because who else would you trust.



Those can all be right. They're also the choices that produce the most litigation, the most family damage, and the most plans that fail in practice. Here's how to think about the people.


The three jobs, and why they're different


Your plan names up to three kinds of fiduciary, and they do different work.


The executor (personal representative, in Colorado's terms) winds up your estate after death: gathers assets, pays debts, files the final returns, distributes what's left under the will. It's a finite job, usually a year or two, heavy on paperwork and deadlines.


The trustee manages whatever is in your trust, during your incapacity and after your death, for as long as the trust runs. If the trust holds assets for a surviving spouse for life or for a child until a set age, that's a job measured in decades, and it involves judgment calls about distributions, investments, and sometimes conflict between beneficiaries.


The agent under your power of attorney acts for you while you're alive but can't act for yourself. Finances under one document, health care decisions under another. It's the role that requires the most trust, because you'll be there, unable to supervise.

Nothing requires the same person in all three. Plenty of good plans split them deliberately.


What the job requires


Temperament before competence. Fiduciaries don't need to be accountants; they can hire one. They need to show up, open the mail, keep records, and make decisions under pressure from people who are grieving or angry. The sibling who never returns a call is the wrong executor no matter how smart they are.

Proximity, within reason. An executor across the country can serve, but every step costs more. A trustee managing real property in Colorado from Virginia is a recurring logistical problem. Distance isn't disqualifying; it should be weighed.


Age and runway. A trustee for a decades-long trust shouldn't be your contemporary without a successor named behind them. The same goes for agents under a POA. The plan needs people who will plausibly outlast its obligations.


Independence from the conflicts. This is the one veteran households miss most. A second spouse serving as sole trustee over assets meant for children from a first marriage is a structural conflict, and we've written about why that arrangement fails. An adult child serving as agent while also expecting to inherit has incentives that cut against caution. Sometimes the right answer is a neutral co-fiduciary, a professional trustee, or a different family member with less at stake.


The veteran-specific pieces


Your POA doesn't run your VA benefits. The VA decides for itself who manages VA money if it finds you can't, through its own fiduciary program. Your agent should know this lane exists and be the obvious candidate when it comes up, which means being visibly involved in your VA affairs before it does.


Battle buddies and brothers-in-arms are a real option, with a caveat. Trust earned in service is real. The caveat is that these are often men of your own age, often carrying their own service-connected conditions, often living far away. Name them if they're right; name a successor behind them regardless.


The claims file needs a steward. Whoever serves needs to know what's pending and where the records live, because survivor benefits and accrued claims run on clocks that start at death. A fiduciary who doesn't know a claim exists can't preserve it.


Firearms need a qualified handler. If the estate includes a collection, the executor or trustee needs to be legally able to possess and transfer it, which rules out some people and argues for a separate gun trust with its own trustee.


Successors, always


Every role gets at least one backup named in the document. People die, decline, move, and refuse. A plan with a single name in each slot is a plan with a single point of failure, and a court will fill the vacancy with whoever petitions first, which is rarely who you'd have chosen.

Tell them


Ask before you name someone. People decline, and better now than at the reading. Then tell them where the documents are, who the lawyer is, and what the plan expects of them. A fiduciary who learns of the role from a probate notice starts the job already behind.


Where we come in


We're a veteran-led firm, and the people conversation is where our estate planning work usually gets most useful, because the documents are the easy part. If your plan names the obvious choices and you've never thought past them, reach out and we'll work through who should carry it.

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