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Executor-in-trust

An executor-in-trust is an individual or entity appointed in a will or legal document to manage and distribute the assets of a deceased person's estate according to the instructions outlined in the will. They hold a fiduciary responsibility, meaning they must act in the best interests of the beneficiaries and the estate itself. This role encompasses tasks such as identifying and valuing assets, paying debts and taxes, and distributing remaining property to the designated heirs or beneficiaries, with a significant emphasis on acting in the best interest of all parties involved to avoid conflicts of interest and potential legal issues. An executor-in-trust is a trustee for purposes of the will.

Executor-in-trust meaning with examples

  • Following the death of her father, Sarah, the executor-in-trust, diligently inventoried all assets including property, stock, and savings. She prioritized settling debts to fulfill her duty to the will before distributing the remaining funds to the listed beneficiaries. Sarah also made decisions on investment strategy to preserve the estate's value during the administration period.
  • Appointed by the will, the bank served as the executor-in-trust. The professional trustee handled a complex estate, including international properties and multiple beneficiaries. The bank ensured transparency and consistency in asset management, providing regular accounting to interested parties to fulfill the duties set out in the will.
  • As the executor-in-trust, John had the authority to sell his mother's house to pay for outstanding medical bills and care to clear the remaining debts left by his mother and distribute remaining capital to the designated beneficiary, the University, as directed by the will. This required a thorough assessment of market value and careful negotiation.
  • In her capacity as executor-in-trust, Emily coordinated the collection of insurance benefits and other death benefits for her brother's estate. She managed the liquidation of personal belongings, ensuring that items of sentimental value went to his family members as outlined in the will, before distributing the remaining value to charities.
  • The executor-in-trust carefully prepared and filed all required tax returns related to the estate, including income tax and estate tax returns. They made sure that all applicable taxes were paid on time, to avoid any potential penalties or interest from the government and properly handled all communication with tax authorities as an appointed executor-in-trust.

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