Q: a will assigns property to heirs directly. Can the executor create a trust to hold the property for the heirs instead?
the will makes no provision for a trust. If the executor wants to put assigned property in a trust for benefit of heirs, wouldn't that require the approval of the heirs first? He/she couldn't do that just because he or she thinks it is the best for the heirs, could he/she?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In addressing your question about the powers of an executor in relation to the creation of a trust, it's important to understand that an executor's primary role is to implement the wishes of the deceased as expressed in the will. If the will does not specifically authorize the creation of a trust, then the executor generally does not have the authority to unilaterally create one.
For the executor to establish a trust that diverges from the direct instructions in the will, it would typically require the consent of all the beneficiaries. This is because altering the manner of distribution outlined in the will, such as placing assets in a trust rather than distributing them outright, changes the beneficiaries' rights and interests in the estate.
If you're considering this course of action, it's advisable to seek legal guidance. An attorney can help navigate the specific legal requirements and processes necessary to ensure that any changes to the estate's distribution comply with the law and the wishes of all involved parties.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
