Who has more power, an executor or a trustee?
Who has more power, an executor or a trustee?
The answer is a little bit complicated, but in general the trustee has more power. If you appoint a trustee to look after your estate, then the trustee has power in two ways:
1. The trustee will decide whether to use the services of an executor and what kind of person should be appointed.
2. The trustee can have a big say in how your estate is administered.
The executor is just there to carry out instructions given by the trust's creator (the testator). An executor doesn't have a free hand to change things as they see fit. There are rules about what an executor can do, which are set out in legislation. These rules exist to make sure that the testator's wishes are honored and that everything is done fairly and properly.
The first thing that this means is that you have control over who will be appointed as executor, so you can choose someone that you trust, like or respect. You don't have to worry about them taking advantage of their position or causing problems for your loved ones because they're in charge of looking after your estate and deciding what happens with it.
If you have any questions or need an Estate Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
