Legal Question in Wills and Trusts in California
When the trustor names a successor trustee to his trust that trustee cannot act intill the trustor dies, right?
Asked on 7/24/11, 9:39 pm
3 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
No, that's not correct. If the original trustee resigns or is unable to act, the successor trustee can act, even during the trustor's lifetime. However, if the original trustee has not resigned and is able to act, the successor trustee has no authority to do anything with regard to the trust, unless the trust instrument states otherwise.
Answered on 7/24/11, 10:27 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. Cohen. The situations in which a successor trustee becomes the trustee are dependent on the trust instrument.
Answered on 7/25/11, 9:14 am
George Shers
Law Offices of Georges H. Shers
A Trust can also be designed to come into operation while the original trustor is still alive; beneficiary graduates from college, reaches age of majority, etc.
Answered on 7/25/11, 4:14 pm