Maine Petition for Appointment of Successor Trustee

State:
Maine
Control #:
ME-AR-182-01
Format:
PDF
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A01 Petition for Appointment of Successor Trustee
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FAQ

A Successor Trustee is the person responsible for administering the trust after its Grantor either passes away or becomes Incapacitated that is, unable to administer the trust for themselves.

A Successor Trustee is the person responsible for administering the trust after its Grantor either passes away or becomes Incapacitated that is, unable to administer the trust for themselves.

A successor trustee is named to step in and manage the trust when the trustee is no longer able to continue (usually due to incapacity or death).The beneficiaries are the persons or organizations who will receive the trust assets after the grantor dies.

For a revocable living trust, that Trustee is usually the person that created the trust.The successor trustee usually takes power when the person that created the trust either becomes incapacitated or has died. The Trustee only manages the assets that are owned by the trust, not assets outside the trust.

It's perfectly legal to name a beneficiary of the trust (someone who will receive trust property after your death) as successor trustee. In fact, it's common. EXAMPLE: Mildred names her only child, Allison, as both sole beneficiary of her living trust and successor trustee of the living trust.

Can the Successor Trustee Be a Beneficiary of the Trust? It's perfectly legal to name a beneficiary of the trust (someone who will receive trust property after your death) as successor trustee. In fact, it's common.When Mildred dies, Allison uses her authority as trustee to transfer the trust property to herself.

Typically, the named successor trustee to a trust does not take over until the existing trustee stops serving, whether due to his or her resignation, removal, or death.First, the trustee can use the trust funds to fight the court case. Second, the court will first seek to advance the trust grantor's intent.

Although the trustees of a trust may change, a trust must always have at least one trustee. The beneficiary may be a person, an entity (for example, a charity organisation), or something else (for example, a pet or a cause). The settlor may also specify multiple beneficiaries.

Once you follow that directive, the Trustee must step down and a successor Trustee can be appointed.Once a Trustee resigns, then either the next person named would act, or maybe you can appoint someone new if the Trust terms allow you to do that. Either way, a new Trustee will be in office when a Trustee resigns.

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Maine Petition for Appointment of Successor Trustee