Legal Question in Wills and Trusts in Massachusetts
I am the successor trustee for the real estate trust that my father set up. He has passed away. I would like to change the trust document to name me as the trustee and appointing a successor trustee should something happen to me. Is there a form available for me to handle this?
3 Answers from Attorneys
For a matter like this, it behooves you to get experienced counsel.
I agree that you should speak with experienced estate planning counsel. Usually the trust itself will spell out the method of selecting additional successor trustees. Sit down with an attorney who can read the trust carefully and make recommendations.
Realty trusts are legally strange animals. Often it's the beneficiaries of the trust who appoint the trustee. Given your father's death, it's not clear who the beneficiaries are. The document needs to be carefully drafted to make it clear that the appointment is being done according to the terms of the trust. There often needs to be additional documents recorded with the appointment of the successor trustee as well to be sure that there's clear title.
You need to have the trust AND the schedule of beneficiaries reviewed by an attorney who has experience working with realty trusts so that everything is properly prepared and recorded.