Legal Question in Wills and Trusts in California
What is the difference between the executor of a will and the trustee of a trust? What are their responsibilities, limitations? How do you know if a trustee is being derelict in their duties? We have a sister who was appointed sole trustee to sell off the property, liquidate assets, etc and she has been dragging her feet in moving out of the property and getting the matter settled. What can the other beneficiaries do?
2 Answers from Attorneys
They basically perform the same tasks but have different titles to show one has been appointed by the creator of the Trust and has all the powers given to them by the Trust and the other has been appointed by the Court with powers under state law.
Offer to help her get things done. She will probably say no but it is worth an effort. If a Will is involved, file for probate if not already done, ask the court to appoint someone besides your sister. If she has an attorney try to get him/her to push your sister int acting. She will drag it out because she is not paying rent; tell her she has to under the law.
Trustees and executors generally perform much of the same functions, except that executors are, at least initially, more subject to Court supervision as an executor has to be appointed through a Court proceeding. If the Trustee is dragging her feet, and won't respond to your requests, you only real option is to file a petition in Court to compel the Trustee to follow the terms of the trust. Because it is expensive to do this, and because the Trust will generally be paying for the Trustee's attorney's fees, you need to make sure that there is no way short of that. Often, depending on the facts, just a letter from a lawyer will get the ball moving.
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