If there are different executors of a Will and a special needs Trust, who disburses the personal property not mentioned in the Trust

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If there are different executors of a Will and a special needs Trust, who disburses the personal property not mentioned in the Trust

My dad passed and has one sibling as executor of an SNT which is an account with a little money and the property to where my handicapped family member and executor are to reside so other

siblings cannot come and want to sell the home. The Will has another executor. I’m just

wondering who handles the personal contents of the deceased.

Asked on March 18, 2019 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the special needs trust contrains only a little money and the property (home), then the SNT has nothing to do with the "person contents" of the deceased: any trust, include a SNT, only applies to those assets specifically given to or placed within it. Anything else would be part of the estate, pass as per the will, and would be under the executor's control.


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