Executor Petition Estate With A Trust
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FAQ
Sometimes, it might make sense to name a single person as both the executor and trustee, or to make sure that both parties get along with each other since they'll likely have to work together to settle the estate.
An easy take-away: Trustees have power of Trust assets both during and after your lifetime; your Attorney-in-Fact has power over your non-trust assets during your lifetime; and your Executor has power over your Probate assets upon your death.
The executor or trustee functions to act on behalf of the estate, which would be if it's a will, or on behalf of the trust if it's a trust document, to administer the assets, handle any claims, and then distribute the assets as those documents state.
Yes, the executor and beneficiary can be named as the same person in the Will. It's perfectly normal and legal. It's actually a common approach because the executor should be someone you know and trust and it's common sense that your beneficiaries fall into that column.
All three roles have different obligations. Generally, an executor administers the estate of the person who died, while a trustee administers a trust for the benefit of the named beneficiaries. A guardian makes decisions for minor children of the person who died or for an incapacitated adult.