Legal Question in Wills and Trusts in California

can i be a second trustee of a liv.revoc. trust and the second executrix of the last will and test.of the same living revocable trust?


Asked on 6/24/12, 8:46 pm

2 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley

A person can be both a successor trustee and a nominated executor.

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Answered on 6/25/12, 12:10 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree with Ms. Rouse. It is actually preferable that the trustee and executor (or the successor trustee and alternate executor)be the same person.

However, I�m not sure if you mean that you could act as a co-trustee along with the other trustee and as a(proposed) co-executor with the other executor or whether you mean that you would be the successor trustee and alternate executor. As a co-trustee/executor you would handle the estate/trust along with the other co-trustee/executor. A co-trustee/executor also usually handles the estate if the other trustee/executor is unable to (dies or loses capacity). As a successor trustee/executor, you would handle the trust matters if the original trustee or first successor trustee and/or nominated executor either becomes incapacitated or dies.

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Answered on 6/25/12, 3:11 pm


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