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Successor Trustee

Trust Terms

The person who takes over management of your trust when you can no longer serve as trustee.

A successor trustee is the person or institution named in a revocable living trust to take over management. They step in when the original trustee can no longer serve. This change happens without any court involvement. That is one of the key benefits of having a trust.

When the Successor Trustee Steps In

  • Death: When the trust creator dies, the successor trustee manages the estate. They pay final expenses and distribute assets per the trust's instructions.
  • Incapacity: If the trust creator cannot manage their own affairs, the successor trustee steps in. This requires a physician's letter and HIPAA authorization.
  • Resignation: If the trustee voluntarily steps down, the successor trustee takes the role.

Choosing the Right Successor Trustee

The successor trustee should be trustworthy, organized, and willing to serve. Many people name an adult child, a sibling, or a close friend. Banks and trust companies can serve as corporate trustees for families without a suitable person.

The successor trustee owes a fiduciary duty to the beneficiaries. They must act in the beneficiaries' best interest, keep accurate records, and avoid self-dealing.

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