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A trustee is an individual or company that serves a managerial function in connection with some type of property.A successor trustee is a new trustee who replaces a previous trustee, while a co-trustee is a trustee that serves at the same time as another trustee.
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.
The default rule in California is that co-trustees must act unanimously. In California, unlike most states, co-trustees must make administration decisions by unanimous consent.
It depends on the terms of the trust. If the trust designates that the trustees are to act together, and not independently, then yes, a signature by both trustees are required in order to transfer property out of the trust.
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.
While there is no legal limit on the number of successor trustees you can name, it is simply impractical to name more than one or two persons. Since trustees must agree on all decisions and sign off on all financial matters, multiple trustees can slow the trust administration to a crawl.
Generally, if you are a trustee you should identify yourself as the trustee on all trust-related paperwork by signing your name followed by the words as trustee." As an alternative, you can also state your name followed by as trustee and not individually." Doing so will help ensure separation between you in your
If the Trust list you both as Co-Trustees, both signature are required. Make sure you have the right, as specified in the Trust Agreement, to sell the real property. Equally important, is the party entitled to the proceeds.
2 attorney answers Just the grantors. They are usually also the trustees. If they are not the trustees still no need to sign. However, that is why you want successor trustees listed in case trustee does not or cannot serve.