Frequently asked questions
Keep the right question in view.
These answers present general educational considerations. They do not replace legal, tax, investment, or other professional advice for a particular circumstance.
01What is the difference between a trustee and an executor?
A trustee administers property held in trust. An executor is commonly a person named in a will to administer an estate; a court may appoint a personal representative when appropriate. Their authority and duties depend on the governing documents, court orders, applicable law, and facts.
02Does a governance framework replace the trust instrument or will?
No. A governance framework helps organize process, records, oversight, and accountability. It does not replace the governing instrument, probate process, court orders, or applicable law.
03Can a trustee or executor work with family members or related businesses?
Related-party arrangements require careful review. The applicable standards may require disclosure, authorization, independent review, recusal, consent, court involvement, or another safeguard. The correct approach depends on the governing authority and facts.
04Why does asset oversight need a process?
Assets may involve liquidity, income, risk, valuation, management, tax, insurance, or beneficiary considerations. A recurring process makes those considerations, decision rights, and follow-through easier to coordinate and review.
05Does delegation remove fiduciary responsibility?
No universal answer applies. A fiduciary’s ability to delegate and any remaining responsibilities depend on the governing law, appointment, and documents. Sound governance clarifies scope, reporting, conflict review, and oversight before work is delegated.
06What should be retained in an administrative record?
The appropriate record varies, but an organized file often connects authority documents, inventories, valuations, statements, material communications, professional engagements, conflict records, decision rationale, approvals, disbursements, and required reports.