Executor and Trustee Guidance for Biggs Families

Start by identifying the source of authority

A will can nominate an executor, but the nomination alone does not appoint that person as the estate’s personal representative. The probate court makes that appointment. Before taking action on behalf of an estate, clarify whether the court has appointed you and what steps apply to your situation.

Trustee authority is different. Trust administration depends on the trust’s terms and on how assets are owned. A person named as a successor trustee should review the trust and identify the assets associated with it rather than assume that the will or the nomination settles every question.

Compare documents with the way assets are arranged

A useful starting question is: which document or arrangement is relevant to each asset? Make a working inventory that separates assets you believe are held in a trust from assets that may be addressed through another arrangement. Record the basis for each entry, such as a statement, title record, or beneficiary paperwork, and flag anything uncertain.

Do not treat a will, trust, or beneficiary designation as interchangeable. Bring the documents together for review and ask how each relates to the property it appears to cover. The trust terms and asset ownership are central to trust administration; if they do not clearly answer a question, pause before relying on an assumption.

• List known financial accounts, real property, and other significant assets, with the latest records you can locate.
• Collect the will, trust and amendments, beneficiary designation records, and any correspondence about changes to ownership.
• Mark unclear or inconsistent information as a question rather than resolving it by guesswork.

Prepare before taking administrative steps

Before speaking or acting for an estate or trust, organize the documents that show who was nominated, what the governing terms say, and how relevant assets are titled or designated. A concise timeline of known changes and a list of people or institutions holding records can help counsel spot gaps. These are preparation steps, not a substitute for confirming your authority.

Bring specific questions: Has a personal representative been appointed? Which trust provisions address the task at hand? Does the available ownership information match the document you expect to govern? If the answer depends on missing records or conflicting papers, identify that issue before proceeding.

Know when a trust issue may need court involvement

Trust administration is not automatically free of court proceedings. A dispute or a question requiring interpretation of the trust can involve the court. If family members disagree about the terms, or the documents and asset records point in different directions, get advice about the issue before treating it as settled.

For a first conversation with counsel, bring the relevant documents, your asset inventory, and a short list of unresolved questions. The office can help the person acting understand the documents and the next issue to address; this does not mean the attorney personally serves as executor or trustee.