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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.
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.
After the grantor's passing, the successor trustee assumes the trustee's duties and must transfer documents to themselves so they can legally transfer trust property to the beneficiaries.
Nolo's Living Trust does not currently allow you to name an institution as successor trustee. If you want to do so, you will need help from an attorney. Normally, your first choice as successor trustee should be a flesh-and-blood person, not the trust department of a bank or other institution.
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.
A successor trustee is named to step in and manage the trust when the trustee is no longer able to continue (usually due to incapacity or death).The beneficiaries are the persons or organizations who will receive the trust assets after the grantor dies.
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.
Typically, the named successor trustee to a trust does not take over until the existing trustee stops serving, whether due to his or her resignation, removal, or death.First, the trustee can use the trust funds to fight the court case. Second, the court will first seek to advance the trust grantor's intent.
How to sign as a Trustee. When signing anything on behalf of the trust, always sign as John Smith, Trustee. By signing as Trustee, you will not be personally liable for that action as long as that action is within the scope of your authority under the trust.