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A trustee is responsible for managing your assets according to your wishes while you are alive, whereas a successor trustee steps in when the original trustee can no longer perform their duties. The Successor trustee appointment form is vital for defining this transition clearly. Understanding these roles ensures that your estate plan operates smoothly, regardless of life changes.
For a revocable living trust to take effect, it should be funded by transferring certain assets into the trust. Often people fund a living trust with real estate, financial accounts, life insurance, annuity certificates, personal property, business interests, and other assets.
Amending a Living Trust in California These amendments do not need to be notarized to count, but they do need to be witnessed and signed, or at least created holographically (in the grantor's handwriting, with the grantor's signature).
EXAMPLE: Caroline names her two children, Eugene and Vanessa, as successor trustees. She names a close friend, Nicole, as alternate successor trustee. When Caroline dies, Vanessa is ill and can't serve as trustee, so Eugene acts as sole successor trustee. If he becomes unable to serve, Nicole would take over.
Grantors can choose to nominate a close relative, family friend, or even financial institution to take on the role of Successor Trustee. A Grantor will name their Successor Trustee within a document called a Declaration of Trust, which is also where their role will be explained.
The successor trustee may be the primary beneficiary of the trust. However, the successor trustee can be anyone you trust. For example, the successor trustee can be a close friend, an adult child, your spouse, your lawyer, an accountant, or a corporate trustee.