Legal Question in Wills and Trusts in Arizona
Can a trustee name a successor trustee?
If the trustor/grantor is no longer with us -- deceased or incapacitated, how would one go about name another successor trustee?
Does the trustee have that ability?
Asked on 4/24/14, 10:10 am
2 Answers from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
The trust agreement controls who succeeds the initial trustee of the trust. If there is no such provision, then you will have to go to court to appoint another trustee.
Answered on 4/24/14, 3:24 pm
Charles Bruen
CBCG Law, PLLC
The Grantor should have named a successor trustee in the Trust document. If the named person unwilling or unable, most Trusts provide for some method of choosing another successor. If you have a copy of the Trust itself, I would bring it to an attorney.
Answered on 4/24/14, 4:14 pm
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