Legal Question in Wills and Trusts in Pennsylvania

can my sister and i as trustees of my father's trust divide all the furniture, crystal rugs dishes and all without running through the executor of the trust


Asked on 1/11/13, 5:30 am

1 Answer from Attorneys

I do not understand. If you are the trustees then why is there an executor of a trust? There is no such thing. If there is a trust, then chances are that there is a pourover will and that will names an executor.

So the question is who is executor of the will and the trustee of the trust?

The next thing to consider is that the executor is only in charge of probate assets. If there is a trust and the trust was funded properly during the life of your father, then there should be very little assets left to probate, if any, because the trust should own everything. However, I nor any other attorney here has seen any of the documents and it could be that there was a testamentary trust created by the will.

I strongly suggest that you take the will and trust documents to a probate/trust attorney who practices in the county/state where your father lived at the time of his death. You will need to figure out what, if any, if any probate assets exist and what is owned by the trust. Your father's debts need to be paid. The trust and probate assets can then be distributed as per the will and trust. As long as sufficient funds exist to pay any estate and inheritance taxes and any other claims, items of personal property can be distributed as per the will or trust (depending if the item is owned by the trust or is a probate asset).

I am concerned though that you and your sister want to do things behind the executor's back. Doing things in secrecy is fine if you work for the CIA. When it comes to estate though, everyone needs to be on the same page as to what is going on. I would strongly recommend that before any distribution takes place that you and your sister consult with an attorney first, pay him/her to review the document and give you the ok before you start doing this.

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Answered on 1/11/13, 12:31 pm


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