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Executor vs. Trustee. One relative is listed as executor on pour over will. Another relative is listed as trustee.: What role, responsibilities, and actions must the executor administer to the estate if the assets have been "poured over" into the trust? Does the executor have any control of distributions of any of the assets? Does the trustee have to advise the executor in his administration? Can the Trustee early distribute assets to himself as a beneficiary if there is no provision allowing him to within the trust and without notification within an accounting? If assets or debts within an initial accounting were not included, can these be post dated to the final or next annual accounting?

Asked about 2 years ago in Trusts

Joan’s answer: The role and responsibilities of the executor are derived from provisions in the document. Without reviewing these documents it is not possible to answer your first few questions. The accounting should be accurate and should be amended if debts/assets are afterward discovered. You may want to meet with an attorney.

Answered about 2 years ago.


Dear Friends, My question is estate/trust related. My mother passed away and we found she had both a trust and will.: The trust had home and checking/savings to be divided 5 ways . The will covered everything else, personal items, jewelry, furnishings, appliances, books and ALL other items in the home, to be divided 50/50 between my brother and myself. My question is this, trustee added some of the "will" items to the estate and cleaned the entire property of all "personal" items. Should the "will" items still be divided 50/50? Or reimbursement for my brother and myself? So very confused why it was written up this way, but attempting to figure it out. So much sentimental items... Thank you in advance for any advice, answers or information anybody may provide.

Asked about 2 years ago in Trusts

Joan’s answer: Without reviewing the actual documents, the answer to your question is difficult. Usually, the Will is an instrument that identifies the fact of the trust's existence and that the trustmaker's intent was to transfer assets to the trust. If the documents are unambiguous, in other words do not conflict with each other, then distributions should follow the trustmaker's directions.

Answered about 2 years ago.


After a petition for divorce has been filed , what do we do now?: First off I have to say how great I think this site is. Very professional and your response time is quick. So Thank you for taking the time out of your busy schedule to help folks like us.. Ok now, so , in December of 2013 my boyfriend filed for divorce through a low cost legal service. The papers were typed out and show up as filed in the Tulare County Superior court.. For more reason than one, we broke up and he never followed through. Now that we have worked things out. We are lost on how to proceed. We are literally sitting here in paperwork and forms. Now I remember for my own divorce I had to resend in forms with a S.A.S.E, once the court sent them back. Do you know which forms they are? Cuz there is a packet which contains all forms(signed and stamped by the clerk) ; then there are a few seperate forms( FL-115,FL-100,FL-110,FL-150,FL-155).. Im Lost on what to do.. Please Help

Asked over 2 years ago in Divorce

Joan’s answer: Spend one hour with an attorney skilled and experienced in family law matters. Most charge, some do not.

Answered over 2 years ago.