Q: In California what happens if the Executor of a living trust dies and then the person who has living trust dies before
Executor of a living trust dies and then the person who has living trust dies before appointing a new executor
A: This is just a formality, but the person who pays the deceased person's final bills, handles the final tax return, and distributes assets from a Trust is called a "Trustee." The person is only called an "Executor" if the person who died had a Will, not a Trust. [To complicate it further, if the person who died didn't have a Trust or Will, the representative is called an "Administrator"!] Back to your question... If the only person named as Trustee died before the Settlor (the person who set up a trust), then I would read the language in the trust to see if there is any language directing the family who has authority to name another Trustee. If there is no such language in the trust, then you will need to go to court and have a judge appoint someone. I hope that helps!
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