Saratoga Springs, NY asked in Estate Planning for New York

Q: Do I need my daughters permission to appoint her as executor of my Will & then next make her trustee on my Revocable LT?

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3 Lawyer Answers
Inna Fershteyn
Inna Fershteyn
Answered
  • Estate Planning Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: 1. You don't need your daughter's permission to appoint her as executor but it's certainly nice to tell her about it.

2. If your trust is Revocable she is not a trustee she is a Successor Trustee in the event of your death only.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

6 users found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: While not required, if your daughter does not want the responsibility, then it would be foolish to surprise her with it after you are dead. Then what would happen?

Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: Nope, but usually it's a good idea to inform her. Also, as the other attorney pointed out, you should be named as the Trustee of a Revocable Inter Vivos Trust, your daughter can be the successor Trustee.

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