Hi everybody, my name is Miranda Dressler, attorney with MacKay Dressler Law Firm in Petaluma, California. And today we’re going to talk a little bit about if you’re named as an executor or a successor trustee and you actually don’t want the job. Because at the end of the day, if you are named in one of these roles, it’s not something that you have to accept. It is something that you can decline when it comes down to it. First, what’s the difference between an executor and a successor trustee? Like what do I mean by that? Both of these are fiduciary roles. And really an executor, and I think most people have heard of that, is someone who is named in somebody’s will and when that person passes away, the executor is the fiduciary. Meaning, the person who has the duty to administer that person’s estate generally through a court process called probate. A successor trustee, on the other hand, is a similar role. But, that is the fiduciary that is named in a living trust so that when the person who has the living trust either becomes incapacitated and can no longer act, or dies, the successor trustee also steps in and administers that person’s trust assets. So that’s the difference. Both are fiduciary positions.
So, you know, not everybody is suited to do a role like that. It really does take a specific kind of person. Someone who’s organized, someone who has the ability to navigate dealing with financial institutions, banks, and paperwork. You don’t have to necessarily know what all the duties are in advance, like you can get help with it, but you know, not everybody is suited for a position like that, and it’s perfectly okay to say, you know what? I don’t think that I’m suited to do this I’m going to pass on this. The best time to actually do that is in advance. So, if you know that, for example, a parent or someone else has named you in their estate plan, whether it’s a will or a trust, one of these roles and you know that you’re not going to want to do it, let them know. That way they can update it and just remove you completely from that position and then you don’t have to worry about it in the future. If you’re named in one of these documents and it actually comes to it, the person has passed away and you are being called upon to act,
You can also still at that point decline. And generally what you want to do is let whoever it is, often there’s going to be an attorney involved, but you need to let someone know that you are actually passing on this position and usually there should be an alternate person named who would serve in that role after you if you either declined or something had happened to you. There’s generally going to be some kind of legal paperwork for you to sign, declining that role to make it official.
So bottom line, serving as an executor serving as a trustee is a serious thing. It’s a serious position. It comes with a lot of responsibility. If you are thinking to yourself, that is not me, that is not something I want to do, you really don’t have to. So, thank you for listening today. If you have any questions about this or any other topic, you should always contact an experienced estate planning attorney in your area. And if you enjoy our content, please subscribe. See you later.
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