Legal Question in Wills and Trusts in California

named trustee in a will

what is the duty of a person named to be the trustee in a will where a known trust has not been established and the children as all adults? Is that person, in essence being designated as the executor?

Asked on 2/15/09, 7:06 pm

1 Answer from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: named trustee in a will

The circumstances you describe are inconsistent. Typically, a will names an executor and a trust names trustees and successor trustees. It is possible to create a trust through a will - this is called a testamentary trust. This might be what your document is doing.

You should find someone local who can look at the document and tell you what the next steps are. It's possible that the document is legally ineffective; or it might just be that it's hard for non-attorneys to understand. Unfortunately, estate planning documents are not always easy to read.

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Answered on 2/19/09, 10:51 pm

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