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Can the same person take on important roles during probate?

Getting one's final wishes in order can be a difficult but important task to complete. During this time, Massachusetts residents will not only need to think about their plans themselves but also about how those plans will be executed during the probate process. Because the person planning will not be around to see those instructions carried out, it is important to name trustworthy and responsible individuals to important roles.

Two important roles to consider when estate planning are the executor and trustee, if one is using a trust. The people appointed to these roles have different responsibilities as the executor will oversee the administration of the entire estate and the trustee will manage the trust to which he or she is named. In some cases, individuals prefer to name the same person as both executor and trustee, which can have its benefits.

Naming the same person to both roles could lessen expenses, ensure that no miscommunication occurs between the executor and trustee, and streamline the administration process. Of course, that also means that only one person has control over the majority of the important estate matters. Some parties may prefer to name separate executors and trustees to keep each other in check.

Deciding who to name as an executor or trustee is a major decision. After all, these individuals will have access to money, personal information and various other details of a person's life and affairs. If Massachusetts residents are interested in gaining more insight into who they should name to take on important roles during probate, they may want to discuss the topic with knowledgeable attorneys.

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