Estate planning attorneys sometimes sound like they speak their own language. We’re not trying to be difficult, we just want to make sure you fully understand the process. Clearly defining the key roles in your estate plan helps you answer your attorney’s questions and see exactly why those questions matter.

Below are the most important terms and positions we discuss when creating your estate plan, whether it’s a trust, a will, or a durable power of attorney. These are the people (or entities) who will be named in your documents.

Settlor(s)

The Settlor (sometimes called the Trustor or Grantor) is the person or persons who place their real estate and personal property into the trust.
Different attorneys may prefer one term over another, but they all mean the same thing: the individual(s) creating the trust and transferring assets into it.

Trustee

The Trustee is the person or entity responsible for managing the trust property and carrying out the instructions (the “terms”) of the trust. For clarity, I’m going to divide trustees into two categories.

Initial Trustee(s)

The Initial Trustee is simply the first trustee (or trustees) named in the trust document. In most estate plans, the Initial Trustee is the Settlor. When you create a revocable living trust, you usually keep full control of your assets during your lifetime. 

Successor Trustee

The Successor Trustee is the person or entity who steps in to manage the trust when the Initial Trustee is no longer able or willing to serve ,typically after the Settlor’s death or incapacity.

Here are a couple of quick recommendations for naming Successor Trustees

o Co-Trustees

Many clients want to name two people to serve together as Successor Trustee. In most cases, this is not ideal. Your trust already spells out exactly what the trustee must do when it’s time to wrap up your affairs and distribute assets to the beneficiaries. One decision-maker is almost always more efficient and reduces the chance of conflict between trustees.

o Backup Successor Trustees

I strongly recommend naming at least two levels of successor trustees (a primary and atleast one backup). Your first-choice Successor Trustee will take over when you (or you and your spouse) pass away or become incapacitated. Naming a second level provides a smooth backup if your first choice is unable or unwilling to serve.

Beneficiary / Beneficiaries

The Beneficiaries are the people or organizations who will ultimately receive the trust property after the Settlor (or Settlors) passes away.

Executor

The Executor (sometimes called a Personal Representative) is the person named in your will to carry out its terms. Under California law, the Executor has no legal authority until the probate court formally appoints them.

Power of Attorney

A Power of Attorney is a legal document that gives another person (the
“Attorney-in-Fact”) the authority to act on your behalf. Powers of Attorney can be broad or narrowly limited. In most estate plans, we draft the Power of Attorney to grant the broadest possible powers so the Attorney-in-Fact has maximum flexibility.

A standard (non-durable) Power of Attorney remains in effect until you revoke it, you die, or you become incapacitated.

Durable Power of Attorney

A Durable Power of Attorney is specially written to remain valid even if you become incapacitated and unable to manage your own affairs. It continues until you revoke it or until you pass away.

Attorney-in-Fact

The Attorney-in-Fact is the person you name in a Power of Attorney or Durable Power of Attorney to handle your financial and legal matters. Their exact powers are defined in the document.

Beneficiaries

These are the people or organizations who will receive your assets.

Decision Guide: How to Choose the Right People for Each Role

Choosing the right people for these positions is one of the most important parts of creating a solid estate plan. The right choices ensure your wishes are carried out smoothly, efficiently, and with minimal conflict. Use this practical guide to make thoughtful, confident decisions.

SUCCESSOR TRUSTEES

This is the person who will manage and eventually distribute your assets when you are no longer able.

Key questions to ask yourself:

o Who do I trust completely with my finances, investments, and property?
o Does this person have the time, organization skills, and attention to detail required?
o Are they financially responsible and level-headed under pressure?
o Would they get along with the rest of the family (or could naming them create conflict)?
o Are they willing to serve? (Always ask first!)

Practical tips:

o One person is usually better than co-trustees (see recommendation above).
o Name at least one backup (ideally two levels).
o Consider age, health, and location ,someone out of state may face extra paperwork or delays.
o If no family member feels right, a professional (bank trust department or trusted attorney) is a valid option.

BENEFICIARIES

The persons or organizations that will receive your property when you are gone. Key questions to ask yourself:
o Who matters most to me, spouse, children, grandchildren, siblings, friends, or charities?
o What if a beneficiary is a minor, has special needs, or struggles with money
management? (You may need a sub-trust for them.)
o What should happen if a primary beneficiary dies before me?
o Do I want to set any conditions (e.g., money used only for education or at a
certain age)?

Practical tips:

o Be specific and include contingent (backup) beneficiaries.
o Review your choices every few years ,life changes (births, marriages, divorces) may shift your priorities.

EXECUTOR

Executor (for your Will) This person handles probate and carries out your will.

Key questions to ask yourself:

o Who is organized, detail-oriented, and comfortable with legal paperwork?
o Do they live nearby or would distance create problems?
o Can they remain neutral if family members disagree?
o Can the same person serve as both Executor and Successor Trustee? (Often yes-this simplifies things.)

Practical tips:

o The role is temporary but can feel overwhelming during probate.
o Naming an alternate Executor is smart – your first choice may not be able or
willing to perform the duties required.

ATTORNEY-IN-FACT

This person makes financial and legal decisions for you while you are alive but
incapacitated.

Key questions to ask yourself:

o Who do I trust 100% to act in my best interest when I can’t?
o Do they understand my values and financial goals?
o Would they be comfortable making quick decisions (paying bills, selling property, filing taxes)?
o Is this the same person I named as Successor Trustee? (Usually ideal for
consistency.)

Practical tips:

o This role can be used immediately (while you’re healthy) or only upon incapacity,your attorney will confirm your preference.
o Always name at least one backup Attorney-in-Fact.

Final Checklist Before You Decide

● Talk to your top choices privately – You are asking these people to accept a great deal of legal and financial responsibility – make sure they’re willing and understand the responsibility.
● Consider naming the same trusted person for multiple roles to keep things simple.
● Review your choices every 3 – 5 years or after major life events.
● Write down your reasoning – it helps your attorney draft clearer documents and gives your family peace of mind. Writing down your reasoning may also help remind you why you made your choices later.

Your estate plan is only as strong as the people you choose to carry it out. Taking the time to make these decisions thoughtfully now prevents stress, delays, and family conflict later. If you’d like help walking through these choices or have specific concerns about any role, just let us know ,we’re here to guide you.