| Alan R. Horvath, Attorney at Law |
| Frequently Asked Trust Questions |
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
Does a Trust Need an Executor?
No.
An executor is the person named in a will to administer your estate. The trustee is the person who will administer
your trust.
There is often both a will and a trust, and hence both an executor and a trustee. However, they have very different
roles. Since the trust is outside of the probate estate of the decedent, the executor has no control over the trust,
but most abide by the decisions of the trustee. On the other hand, the executor has the full power to stand in for
the decedent on any issue not having to do with the trust. This would include collection of any personal wages due
to the decedent or any moneys owed to him personally.
No.
An executor is the person named in a will to administer your estate. The trustee is the person who will administer
your trust.
There is often both a will and a trust, and hence both an executor and a trustee. However, they have very different
roles. Since the trust is outside of the probate estate of the decedent, the executor has no control over the trust,
but most abide by the decisions of the trustee. On the other hand, the executor has the full power to stand in for
the decedent on any issue not having to do with the trust. This would include collection of any personal wages due
to the decedent or any moneys owed to him personally.
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