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Setting my Will and Living Trust. Should the Executor of the Will and Trustee be the same person or separate? Thank you.

Carlsbad, CA |

Setting up my Will and and Living Trust . Not sure it the Executor of the Will and The Living Trust Trustee should be the same person .

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Attorney answers 3


This is a great example of why it pays to consult with an estate planning attorney. Generally, I prefer to have the executor(s) and the trustee(s) be the same person for continuity. However, there are circumstances which might direct you otherwise. It would be well worth the time and expense for you to at least discuss this with a local estate planning attorney.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con



Thank you Eric,


By Trustee, I presume you mean a successor trustee who takes over after you are gone, right? I agree that a successor trustee and an executor can often be the same person, but sometime might best be different.

I agree with the prior advice that you might want to spend a few bucks to make sure you get all of the aspects of the will and trust mapped out correctly.

good luck

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.


I think it is a good idea most of the time for the trustee and executor to be the same person.
Your attorney should advise you if your circumstances would warrant it to be different.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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