May an executor of a trust be a family member and/or also the trustee?CORAGRYPH..?
I believe this to be the case in our family. (I asked the question earlier about trusts and wills.) I understand that a guardian and/or parent of a minor child can sue the trustee for breach of fiduciary duty but is that something that I can start or do myself? If so, then how do I start the process? I am located in the state of Washington, do you have any tips or hints for me? Know of any lawyers besides myself just looking for one in phone book and hoping that they are not affiliated with the family. Wouldn't that be a conflict?
Answers:
To answer the last question first, yes -- any prior affiliation is a conflict of interest, and grounds for disbarment.
And yes, the executor of an estate can also be a trustee -- but the duties and legal obligations are distinct for the two roles. However, since in both cases the person is required to follow the terms of the underlying document (will or trust) as defined by the court, those distinct roles are rarely in conflict.
It's like someone being a corporate officer (say of a non-profit charity) and also a trustee (for that charity). Two separate roles.
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