If my grandfather had a Will and a Trust, who can be named as co-executor?

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If my grandfather had a Will and a Trust, who can be named as co-executor?

The Will was a rollover will so everything he had went into the trust. We probated the Will due to the fact the car and his life insurance were not in the name of the Trust. My mother was a co-executor of the Trust along with my sister and I. Our mother died 2 years ago. My grandfather just died. My brother is assuming that since my mother died then he is a survivor of her and wants to be named co-executor of my grandfather’s Trust. Can he do this?

Asked on July 15, 2013 under Estate Planning, Texas

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

No, your brother does not inherit your mother's position as co-trustee. Your grandfather's trust agreement creates the trust, and it designates the trustees. Unless the trust agreement names your brother as a successor trustee in the event that your mother cannot be a trustee (and it would be very unusual for the agreement to say that), he would not be a co-trustee.  


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