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Who is the best successor trustee?

Many people choose to name a trusted friend or family member as successor trustee. These people often have a good understanding of the settlors values and can use that knowledge to make sure that they are complying with the settlors intent while administering the trust.

What is a successor trustee in California?

What is a Successor Trustee? To be named the successor trustee of a loved ones trust is an honorable title. In short, it entails that you are the third party the trustor has entrusted their property and assets to in the event they pass away or become incapacitated.

How do I appoint a successor trustee in California?

This new trustee can be appointed by the trusts beneficiaries or the courts. Successor trustees must voluntarily accept their position, typically by filing an affidavit of appointment or permission to serve. A formal amendment to the trust is required if an existing trustee wants to alter their successor trustee.

How can a trustee be appointed?

Trustees will usually be appointed by the instrument that brings the trust into existence. The trust instrument should also make provision for any additional appointments that may be necessary during the continuance of the trust.

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

A trustee, who can either be the trustor or another responsible party, may be appointed while the trustor is still alive; a successor trustee is charged with administering a trust after the trustor or the appointed trustee (if they are different from the trustor) becomes incapacitated or dies.

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

A trustee, who can either be the trustor or another responsible party, may be appointed while the trustor is still alive; a successor trustee is charged with administering a trust after the trustor or the appointed trustee (if they are different from the trustor) becomes incapacitated or dies.

Who do you name as a successor trustee?

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.

How do you appoint a new trustee?

Trustees will usually be appointed by the instrument that brings the trust into existence. The trust instrument should also make provision for any additional appointments that may be necessary during the continuance of the trust.

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