Legal Question in Wills and Trusts in Florida
how do you avoid being a successor trusteei? I was designated as successor trustee by my mother but I was not consulted. Am I at risk?
2 Answers from Attorneys
This counsel is based on the facts described in your question. I assume that you have been designated as a successor trustee in a living (revocable) will. The simple answer is: No, you are not legally required or obligated to serve as successor trustee. Usually, such trust agreement will provide for appointment of alternate successor trustees if the named individual is unable or unwilling to serve.
Suggestion: inform your mother of your feelings regarding such service as successor trustee, realizing that usually a creator of a trust (grantor or trustee) names a person to be a successor trustee because the grantor believes that named person to be trustworthy and responsible in carrying out the intentions and purpose of the trust.
You just refuse to accept the appointment. You are not required to serve.