{"id":15961,"date":"2022-12-29T16:11:00","date_gmt":"2022-12-29T16:11:00","guid":{"rendered":"https:\/\/businessyield.com\/?p=15961"},"modified":"2023-02-02T15:45:48","modified_gmt":"2023-02-02T15:45:48","slug":"successor-trustee","status":"publish","type":"post","link":"https:\/\/businessyield.com\/family-helping\/successor-trustee\/","title":{"rendered":"SUCCESSOR TRUSTEE","gt_translate_keys":[{"key":"rendered","format":"text"}]},"content":{"rendered":"\n
When you create your revocable living trust<\/a>, you must appoint a successor trustee. This is someone who will take over the administration and settlement of your trust <\/a>after your death. This person would also be called upon to serve if you become mentally incapacitated. So many persons are want to know if a successor trustee can still be a beneficiary and if they can change a trust. So here we’ll discover all about the successor trustee and know the processes involved in documenting the form. <\/p>\n\n\n\n The person creating a revocable trust is frequently the trustee of their accounts. In comparison, an irrevocable trust requires that someone else is assigned to this role. When you are no longer able to manage the trust, a successor trustee is waiting in the wings.<\/p>\n\n\n\n A revocable living trust<\/a>, like a will, is an estate planning tool that specifies how the trust’s creator (Grantor) wishes to distribute specific property after their death. A living trust retains property put in it by the Grantor. The grantor who is the original Trustee initially holds the living trust.<\/p>\n\n\n\n A Successor Trustee is a person in charge of managing the trust after the Grantor dies or becomes “Incapacitated”<\/a>. The Grantor’s guidelines for how the trust should be handled are outlined in a document known as the “Declaration of Trust<\/a>“. The Declaration of Trust would also outline the Successor Trustee’s duties and powers.<\/p>\n\n\n\n When selecting a successor, make certain that they are capable of carrying out these responsibilities. Serving as a successor trustee is a huge responsibility, and it’s often a time-consuming one. You should be able to select the right person\u2014or name an institution such as a bank\u2014for the job. It is best to consult with an estate planning attorney.<\/a><\/p>\n\n\n\n It is also necessary to name one or more “backup” trustees in case your first choice is unable to serve. Don’t name anyone without first speaking with him to ensure he’s willing to accept the position.<\/p>\n\n\n\n Your friend or loved one has formed a revocable living trust and has appointed you as Successor Trustee or Alternative Successor Trustee. We’ve prepared this brief overview to help you understand what this means and to answer some frequently asked questions.<\/p>\n\n\n\n The particular duties of a Successor Trustee are determined by the terms of the Declaration of Trust, local law, and whether the Grantor has died or is incapacitated but still alive. The following is a general description of traditional Successor Trustee duties. Please keep in mind, however, that it is usually a good idea to consult with an estate planning attorney to learn exactly what will be needed in your specific case.<\/p>\n\n\n\n It is necessary to remember that Successor Trustees are to manage the trust and use their authority for the good of the trust’s beneficiaries. Unless expressly approved by the Declaration of Trust, successor trustees will not act for their own personal gain.<\/p>\n\n\n\n If the Grantor dies, the Successor Trustee is generally in charge of winding down the trust by distributing the property it owns in compliance with the Grantor’s orders. <\/p>\n\n\n\n Usually, the Successor Trustee can do the following:<\/p>\n\n\n\n In this case, the Declaration of Trust typically directs the Successor Trustee to use trust property to provide for the Grantor’s care and comfort while he or she is still alive. The Declaration of Trust can also direct you to use trust assets to support the Grantor’s family and loved ones.<\/p>\n\n\n\n Similarly to when the Grantor dies, Successor Trustees should typically:<\/p>\n\n\n\n No, naming you as a successor trustee does not obligate you to serve. When the time comes, you can choose whether or not to accept this responsibility. If you decline, the next Alternate Successor Trustee named in the Declaration of Trust will replace you. If there was no specific alternative, the Declaration of Trust should state how the next Successor Trustee would be chosen. <\/p>\n\n\n\n It is necessary to remember that even though you accept your appointment as Successor Trustee, you must not serve in this capacity indefinitely. The Declaration of Trust will specify the conditions under which you will resign as Successor Trustee and select a replacement.<\/p>\n\n\n\n In general, a successor trustee cannot change or amend a trust. However, upon their death, a successor trustee must take legal title to properties and administer the trust in accordance with its terms. Many successor trustees are the spouses or adult children of the person who established the trust. Oftentimes they indulge in family feuds over who gets what from the estate, and when and how they get it. One of the most frequently asked questions we get as trust lawyers are whether successor trustees can change or amend a trust. Let’s see this topic in detail below.<\/p>\n\n\n\n No, in general. Most living or revocable trusts become irrevocable upon the death of the trust’s maker or makers. This ensures that if the successor trustee takes over control of the trust, it cannot be changed in any way. The primary responsibility of the successor trustee is to manage the trust in accordance with the overt and implicit wishes of the original trustee. <\/p>\n\n\n\n A successor trustee cannot change or withdraw from an irrevocable trust. They must also never give the impression that they have the authority to do so. A successor trustee effectively acts for the beneficiaries and is responsible for carrying out trust administration in accordance with the trust’s stated provisions.<\/p>\n\n\n\n Sometimes. Sometimes a trust will give a surviving spouse the right to change a trust after the first spouse dies, but this is uncommon. Similarly, a trust may give a surviving spouse or another heir a general or limited power of appointment. This means that they may be able to remove or replace beneficiaries if the trust expressly allows them to. We often handle cases where a stepparent outlives a blood parent as a co-trustee. Thereafter, the step-parent who is the successor trustee then tries to disinherit their trust beneficiary stepchildren. Depending on the facts of the case and the language of the trust, this may or may not be allowed. Consulting a trust litigation attorney is crucial in knowing and enforcing your rights in these cases.<\/p>\n\n\n\n Generally speaking, no. Successor trustees cannot eliminate a beneficiary, reduce a beneficiary\u2019s share, or refuse to make distributions to a beneficiary. They can only do so when the trust document specifically grants them discretionary powers<\/a> to do so. Also, if they can do so if the document makes a beneficiary\u2019s inheritance conditional upon meeting certain requirements. Then, failure to comply with which gives the trustee the authority to effectively disinherit them.<\/p>\n\n\n\n Most of the time, trust creators name one successor trustee, just to make things simpler and avoid unnecessary disputes. But sometimes, the original trustee will name multiple successor trustees who are to share authority over and responsibility for the administration of a trust. When this is the case, a successor trustee can only remove a co-trustee if they have harmed the trust or engaged in misconduct, negligence, or a breach of fiduciary duty. Trustee breaches are more common than you might think. So a successor with a strong enough case may be able to remove the co-trustee. If a co-trustee is also a beneficiary, they may be stripped of trustee authority but are unlikely to be disinherited.<\/p>\n\n\n\n If there is enough proof or testimony to indicate that a successor trustee used an original trustee’s diminished or debilitated state to manipulate them into making self-serving changes to the trust, heirs might be able to sue the trustee for excessive control. Particularly if there is documentation of disorders like Alzheimer’s or dementia, or if the original trustee was a minor. A successful allegation of undue influence can render any unfavorable adjustments or amendments to a trust null and void.<\/p>\n\n\n\nWhat is the Concept of a Revocable Living Trust?<\/span><\/h2>\n\n\n\n
Read also: Living Trust vs Will: Best Option in the US<\/a><\/strong><\/h5>\n\n\n\n
What is a Successor Trustee?<\/span><\/h2>\n\n\n\n
Naming a Successor<\/span><\/h2>\n\n\n\n
What are the Responsibilities of a Successor Trustee?<\/span><\/h2>\n\n\n\n
Duties of Successor Trustees After the Grantor’s Death<\/span><\/h3>\n\n\n\n
Duties of a Successor Trustee When the Grantor is Incapacitated but Still Alive<\/span><\/h3>\n\n\n\n
Do I have to serve as Successor Trustee?<\/span><\/h2>\n\n\n\n
Can a Successor Trustee Modify or Change a Trust?<\/span><\/h2>\n\n\n\n
Will a successor trustee alter the terms of a trust?<\/span><\/h3>\n\n\n\n
Can a surviving spouse change or amend a trust?<\/span><\/h3>\n\n\n\n
Can a Successor trustee remove a trust beneficiary?<\/span><\/h3>\n\n\n\n
Can a successor trustee remove a co-trustee?<\/span><\/h3>\n\n\n\n
What if a successor trustee puts undue pressure on the original trustee to make changes?<\/span><\/h3>\n\n\n\n