Legal Question in Wills and Trusts in California

Re: Executor

I will have to agree with my colleague, if your Dad is still alive and consents to letting your brother borrow money, there does not appear to be a problem. I am assuming that your brother is named as executor in the will (which doesn't take effect until after your father dies) and as a future trustee of the trust. In those cases, your brother is not either of those things yet and it would not really effect his actions to date, it would not cause a conflict of interest. If another case exists, such as your brother already being trustee of your Father's trust, there may be other concerns. In most cases, If your father is alive, he is the trustee of his trust if it is a living trust.

If I can be of more assitance, feel free to contact my office.

Re: Executor

Your terminology makes the question somewhat vague. An individual can be named as executor of a will, which goes into affect when someone dies. The person in charge of a trust is called the "Trustee". That person is normally the person making the trust (in this case your father).

If your father has died or become incapacitated, the trust normally names a successor trustee, which in this case could be your brother.

If your father is the trustee, and he agrees to loan the money, then there is nothing wrong. If your brother has become the successor trustee, then he must abide by the terms of the trust. If your father has died, you are entitled to have a copy of the trust. The trust would need to spell out what kind of investments, etc. the trustee can make.

Re: Executor

As long as Dad is still living, and your brother borrows the money with Dad's consent, I don't see a conflict, even if he owes money to the estate or trust in the future.