Legal Question in Wills and Trusts in Arizona

Re: Naming successor trustee:

Thank you for your inquiry.

It is permissible to name successor Co-Trustees; however, if you are going to do so, you need to make certain that the two individuals are able to work together cooperatively, that both are readily available to serve, and that there is some language to address resolution of disagreements between Co-Trustees. The danger you are trying to avoid is if the two Co-Trustees disagree, no action can be taken until a resolution is reached, and this could result in a deadlock that is contrary to the best interests of you or your estate.

In addition, your successor Trustee(s) has a different role than the person(s) names as your power of attorney. The same person or persons can fill both roles, but the Trustee handles trust business, and the power of attorney handles matters outside of the trust. Every complete estate plan should definitely include both.

Although my office is in Chandler, I have many estate planning clients in the Tucson area, so if I can be of further assistance, please do not hesitate to contact me.

Monica H. Donaldson

[email protected]

(480) 792-9770