What is the difference between a successor trustee and executor?
A trustee is named under a Trust, and an executor is named under the Will – but both are charged with managing and disposing of assets after death. An executor operates under the supervision of the probate court. A successor trustee is answerable to the beneficiaries of the trust.
Can an executor override a trustee?
No, an executor cannot override or modify the terms of a will, with few exceptions. In fact, as a fiduciary to the estate beneficiaries, executors are legally required to abide by the will throughout the probate process, including the distribution of assets to the named beneficiaries of the will.
Can an executor be a trustee and at the same time a beneficiary?
Yes, it is possible for the same person to be appointed as both Executor and Trustee. In fact, this is not uncommon. There is no legal reason why the same person cannot be appointed in two or more of these roles, but it’s important that they are clear on the specific duties and responsibilities of each.
What are the responsibilities of a successor trustee?
A Successor Trustee is the person responsible for administering and settling a Trust after the creator (called the Grantor) of the Trust dies. A Successor Trustee is also responsible for the Trust in the event the Grantor becomes incapacitated or unable to make decisions.
Can a successor trustee also be beneficiary?
Can the Successor Trustee Be a Beneficiary of the Trust? It’s perfectly legal to name a beneficiary of the trust (someone who will receive trust property after your death) as successor trustee. In fact, it’s common.
How much power does the executor of a trust have?
The executor is authorized to receive money and manage the assets of the estate, but he can’t withdraw or transfer assets from the estate. At a final hearing and after notice to interested parties, the court determines who should get distributions.
Can trustee sell property without all beneficiaries approving?
Can trustees sell property without the beneficiary’s approval? The trustee doesn’t need final sign off from beneficiaries to sell trust property.
Is an executor the same as a trustee?
An executor and a trustee are similar in that they both have a duty of absolute care to the beneficiaries of the estate/trust, but their roles in respect of the beneficiaries are quite different. An executor is more of a liquidator, whereas a trustee is more of a business manager.
What is the difference between trust and trustee?
Unlike companies, trusts are not separate legal entities. However, they are treated as a separate entity for taxation purposes. The trustee is the legal entity who owns the assets, manages the trust and enters into contracts as trustee of the trust.
What is the difference between a trustee and a grantor?
A ‘grantor’ is the person who owns a trust fund and all the property under it. While a ‘trustee’ is the person who makes a contractual agreement with the grantor, agreeing to manage the grantor’s property and assets during and after his lifetime. A trustee can be a corporate body as well, such as a trust company .
What is the definition of successor trustee?
Successor trustee. A successor trustee is someone who takes over the role (and original duties) of trustee if the original person can’t continue with the responsibility.