Difference between executor and trustee

[seapenguin]

What is the name of your state (only U.S. law)? KS

I have a question about the executor and trustee of my mother's will and estate. My father is designated as the executor, I am the trustee. From what I understand, I am responsible for the actual selling and disbursing of the funds from the sale of my mother's house. It was her's, not my fathers. He had the right to live in it for as long as he chose to, but if he either passed away or didn't want to remain in it, it goes to my brother, sister, and myself. My mother just passed away 2 months ago and we're working on clearing it out to get ready to sell. My father tends to believe that as long as he's living, I basically don't have any responsibility regarding the house, the sale of it, or anything. I'm confused, this is all new to me and I can't understand the legal wording of the will. If I am the one who's supposed to actually be in charge of selling the house, it can't be done by anyone else, am I correct in this thinking? I appreciate any input on this. Thank you.What is the name of your state (only U.S. law)?

 

[anteater]

An executor is appointed by the court to administer the probate estate of the deceased and, after all the deceased's debts and costs of administering the estate have been paid, distribute the remaining assets according to the terms of the will or, if there is no will, according to the state's intestacy statutues. The deceased's will can nominate an executor. The court grants the executor the legal authority to act on the estate's behalf.

A trustee administers a trust. A trust is a separate legal document. Without getting into a lot of detail, if your mother did not create a trust and title assets in the trust's name or if her will did not state that a trust should be created (a testamentary trust), then you are not a trustee.

With that explanation, maybe you can clarify who is whom and what the will (and/or trust, if there is a trust) states regarding the house.

ADDITION: A quick scan of the Kansas Probate Code indicates that Kansas is pretty generous to a surviving spouse in terms of homestead, family allowance, and elective share of the surviving spouse.

 

[seapenguin]

Trustee questions

Your answer sort of helps, but her will does say I am the trustee on the house, and that I am supposed to be in charge of selling the house and dividing the proceeds equally between us three kids. My problem is, my dad doesn't include me in anything and I don't know if I'm supposed to just back off and let it go, or if as the trustee, I am legally bound to see this thru until it's sold. I am the youngest of the three kids, he tends to keep my sister, who's the oldest, informed of things, but not me. If I just sit back and do nothing, since the will states I am the trustee of the house, can it be sold by anyone but me? I guess that's my main question. I know my dad is responsible for paying her final bills, and he's pretty much gotten those taken care of, now we're just pretty much down to what will be done to the house. Thanks again, I appreciate it.

 

[tranquility]

Without looking at the will it is hard to tell if a testimentary trust was set up. It would certainly be a lot easier if the estate flows through the estate's probate than the additional complication of a trust here, so, unless you see a big problem with letting the executor handle it, let him.