Legal Question in Wills and Trusts in West Virginia

executors and trustess

I am trying to understand my Grandmother's will. Can you explain the difference, if any between the executor and the trustee?

Asked on 9/12/02, 3:03 pm

2 Answers from Attorneys

Richard Harvey Greer Law Offices

Re: executors and trustess

I may need more details to provide a meaningful answer, but the Executor is named in the will and is directed to administer and settle the estate. On the other hand, the Trustee is the person charged with managing a Trust that may be either created by the will or was established earlier. Yes, it is possible for them to be the same person.

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Answered on 9/13/02, 7:58 am

Thomas Zimmerman Zimmerman Law Office

Re: executors and trustess

I assume that the will provides for a trust and names different persons as trustee and as executor. The same person could be both. First, the executor is charged with administration of the estate-marshall the assets, pay the expense, make the distribution, etc. The distribution may go to the trustee, who holds legal title to assets, for the benefit of the named beneficiaries and administers the trust assets in the manner and for the term and for the purposes specified in the trust. The executor's duties end with the administration of the estate and thre trustee's duties usually begin with distribution from the estate or other funding of the trust and his or her duties end with closing of the trust. Of course this is a general answer and cannot address any specific will or trust. Your lawyer will look over the instruments and set out the process for each in detail. It would be best to have a copy of the appraisement and some idea as to the amount of debt in the estate to get a clear picture.

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Answered on 9/12/02, 7:24 pm

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