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Hear this out loud PauseFormal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.
Hear this out loud PauseIf you have a trust and funded it with most of your assets during your lifetime, your successor Trustee will have comparatively more power than your Executor. ?Attorney-in-Fact,? ?Executor? and ?Trustee? are designations for distinct roles in the estate planning process, each with specific powers and limitations.
The role of a trustee is different than the role of an estate executor. An executor manages a deceased person's estate to distribute his or her assets ing to the will. A trustee, on the other hand, is responsible for administering a trust. What Is The Difference Between Executor, Trustee & Guardian? Surprenant & Beneski, PC ? estate-planning Surprenant & Beneski, PC ? estate-planning
Hear this out loud PauseWhether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
(A side note before I go further: trustee and executor are two different jobs, and each has its own duties and requirements. However, most people have no idea what the difference is, and have trouble keeping track of who is in charge of what. I generally advise clients to name the same person for both.