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If your Trust allows you, or some other person, to remove the Trustee and appoint a new Trustee, then your job is easy.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.

If there are no successor trustees nominated or they are unable or unwilling to act, the court must take immediate action to ensure that somebody is appointed.If there are no family members or other relatives willing to serve as the trustee, the court may appoint a professional fiduciary to serve as the trustee.

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.

A trust protector typically possesses defined limited authority to engage in specified actions, separate and apart from the power and authority of the trustee, such as to remove a trustee, appoint a trustee, add beneficiaries or otherwise modify the terms of a trust.

If no one you named in the trust document can serve, the last trustee to serve has the power to appoint, in writing, another successor trustee.

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.

Removing a misbehaving successor trustee Specifically, the beneficiaries would need to file a formal petition with a court seeking removal of the successor trustee. Once the petition is filed, the probate court will hear the arguments of the beneficiaries for removal and decide whether removal is appropriate.

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.

These powers can be eliminated or altered as well, so that the Trust Protector has limitations as desired by the trustor.

Tennessee Order Removing Trustee Appointing Successor

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FAQ

Can a trustee appoint another trustee?

What happens when there is no successor trustee?

What is the difference between a trustee and a successor trustee?

Can a trust protector remove a trustee?

Can a successor trustee appoint another successor trustee?

Can a trustee name a successor trustee?

How do you remove a successor trustee?

Can a trustee appoint a successor trustee?

Can a trust protector be removed?

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