Legal Question in Wills and Trusts in California
can i be a second trustee of a liv.revoc. trust and the second executrix of the last will and test.of the same living revocable trust?
2 Answers from Attorneys
A person can be both a successor trustee and a nominated executor.
I agree with Ms. Rouse. It is actually preferable that the trustee and executor (or the successor trustee and alternate executor)be the same person.
However, I�m not sure if you mean that you could act as a co-trustee along with the other trustee and as a(proposed) co-executor with the other executor or whether you mean that you would be the successor trustee and alternate executor. As a co-trustee/executor you would handle the estate/trust along with the other co-trustee/executor. A co-trustee/executor also usually handles the estate if the other trustee/executor is unable to (dies or loses capacity). As a successor trustee/executor, you would handle the trust matters if the original trustee or first successor trustee and/or nominated executor either becomes incapacitated or dies.