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Can a beneficiary in a will be the executor of the will?

Fremont, CA |

we would like to nominate an individual to be our son's guardian in the event that we pass. can this individual also be the executor of our will even if she is already a beneficiary?

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Attorney answers 1


It is quite normal for one person to hold all 3 hats -- guardian, executor and beneficiary -- especially if that person is a family member. It is also quite common to appoint a co-executor as a matter of some caution.

But these are questions you should bring up with your trusts and estates attorney who should be drafting this document -- it's the safest way to make certain your wishes make sense and are executable.

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