Legal Question in Wills and Trusts in California
''Successor Trustees''
What powers, authority and legal responsibilities do successor trustees have in the administration of joint tenancy trusts?
In a joint tenancy trust, upon the death of one of the trustees, can the surviving trustee rewrite the trust, and name a successor trustee as a joint tenant to the trust? If permissible by law, what are the legal requirements to do so.
Must heirs and beneficiaries be given legal notice of these changes.
When both trustees die, does the trust remain irrevocable under the successor trustee?
If the surviving trustee in a joint tenancy trust refuses to give copies to heirs and beneficiaries, what could prevent them from rewriting or modifying the original trust?
Is there any point whereby a trust must be probated?
2 Answers from Attorneys
Re: ''Successor Trustees''
There is no requirement that a trust be probated. The starting point for most of the rest of your questions begins with the underlying trust agreement, which may or may not state whether it can be amended and the roles of the surviving trustee. Your best bet is to review the document in consulation with an estate planning attorney.
Re: ''Successor Trustees''
The terms of the trust dictate the powers of the successor trustee. If any portion of the trust became irrevocable, then the potential heirs and named beneficiaries are entitled to a copy of the trust.
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