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 trustee naming a successor trustee pursuant to the terms of the trust.
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.
The Oregon Appointment of Successor Trustee By Original Trustee Named in a Trust Agreement allows for the smooth transition of trustee responsibilities in the state of Oregon. This document outlines the process by which the original trustee, as named in a trust agreement, can appoint a successor trustee to take over their duties and responsibilities. In the state of Oregon, there are two types of Appointment of Successor Trustee available: revocable and irrevocable. A revocable Appointment of Successor Trustee can be changed or revoked by the original trustee at any time during their lifetime. This provides flexibility and the ability to make changes if circumstances or preferences change. On the other hand, an irrevocable Appointment of Successor Trustee cannot be altered or revoked once completed. This type of appointment offers a higher level of security and ensures a smooth transition in the event of the original trustee's incapacity or passing. The purpose of this document is to legally formalize the appointment process, ensuring that there is no ambiguity or conflict when the time comes for a new trustee to assume control. The original trustee has the authority to designate a specific individual or entity as their successor trustee, enabling them to select someone they trust to handle their assets and carry out the trust's terms. The Oregon Appointment of Successor Trustee By Original Trustee Named in a Trust Agreement includes essential details such as the full legal names and contact information for both the original trustee and the appointed successor trustee. Additionally, it specifies the conditions under which the successor trustee will assume control, such as in the case of the original trustee's incapacity, resignation, or death. To obtain legal validity, this document must be signed and notarized by both the original trustee and the successor trustee. It is crucial to keep the Appointment of Successor Trustee updated to reflect any changes in circumstances or preferences. Regular review and revision of this document ensure that trust assets are effectively managed and that the trustee's intentions are upheld. In summary, the Oregon Appointment of Successor Trustee By Original Trustee Named in a Trust Agreement provides a legally binding framework for the appointment process, allowing for the smooth transition of trustee responsibilities in both revocable and irrevocable trusts. This document is crucial for ensuring the secure management of trust assets and preserving the original trustee's wishes.
