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Appointment of Successor Trustee By Original Trustor in a Trust...

Appointment of Successor Trustee By Original Trustor in a Trust Agreement

Category:

Trusts - Trustees

State:

Multi-State

Control #:

US-01181BG

Format:

Instant download

Description

A well drafted trust instrument will generally prescribe the method and manner of substitution, succession, and selection of successor trustees. Such provisions must be carefully followed. A trustee may be given the power to appoint his or her own successor. Also, a trustor may reserve, or a beneficiary may be given, the power to change trustees. This form is a sample of a trustor appointing a successor trustee after the resignation of the original trustee.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

When the grantor dies, the trust becomes irrevocable and management or distribution of the assets passes to a successor trustee. Most trusts name the successor trustee when the trust is established; however, if you need to change or add a successor trustee, you can do so by amending the document.

In most living trusts created in the United States, the trustor, trustee and beneficiary are all the same person.

Successor trustees are appointed in the trust document itself. The trustor will specify who they want to take over management of the trust if and when they can't do it themselves.

Create an amendment to your trust. Type the amendment so that it specifically states the trustee that you wish to add. Indicate whether you wish to remove an existing trustee, in addition to naming a new one. Specify that the trustee you are adding is a co-trustee, rather than a successor trustee.

Successor trustees have to willingly accept their role usually by signing a consent to serve or affidavit of appointment. If an existing trustee wishes to change their successor trustee, they must make an actual amendment to the trust. Most courts won't accept informal, self-made changes.

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.

In most living trusts created in the United States, the trustor, trustee and beneficiary are all the same person.

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.