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When there is a living will can the executor of the trust…

Customer Question
When there is a...

When there is a living will can the executor of the trust charge for their administration on the total trust with property jewelerychina etc.?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

In Virginia

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the trust/will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My husband is the exceutor of the trust/will he has paid all of his dads bill etc. father is still alive..mother just past...they have already distributed some jewelry. Father is somewhat coherent on full time oxgyen, Greed brother seems to be in the house cruising threw things.. Can executor out a stop to that??

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
9/8/2017
Lawyer: Roy Hadavi,
 replied 11 months ago
Roy Hadavi
Category: Legal
Satisfied Customers: 1,501
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Roy Hadavi,
 replied 11 months ago

The trustee (you referred to it as the executor) of a trust has broad powers. Those powers are listed in the trust document.

Generally, those powers include the administration of all of the assets of the trust. If it is not in the best interest of the trust to have the brother at the house, then, as the trustee, your father may restrict his access to the property. In addition, the trustee is generally entitled to a reasonable trustees fee, which is paid from the assets of the trust. If the trust does not have any cash assets to pay the trustee, the trustee may liquidate assets in order to be paid.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Lawyer: Roy Hadavi,
 replied 11 months ago

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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