Who has more power, an executor or a trustee?
Who has more power, an executor or a trustee? Madison Assistant at Parklin Law Both an executor and a trustee have a strong administrative component. If you've ever heard the term "executor" or "trustee," it's likely to have been in a legal context. Those terms tend to come up in discussions about wills, estates and probate. There are a few key differences between an executor and a trustee, but for the most part their roles are similar. The executor of the will is charged with the duty of carrying out the will's instructions, including collecting and distributing the estate's assets. The executor of an estate holds a legal title to the assets of the estate, but he or she has no legal right to use those assets for his or her own benefit. The trustee, on the other hand, controls the assets of a trust. A trustee may use trust assets for his or her own benefit if it is defined in the trust agreement, if permitted under applicable law, or if it is deemed...