Legal Question in Wills and Trusts in Massachusetts

Trustee Serving in Military

My brother and I are co-trustees on a Real Estate trust for our mom's house. He is going to be serving in Kosovo with his National Gaurd unit for the next 18 months. Does he need to step down as trustee or can he appoint some one to serve in his place? The trust appoints my sister in either of our places if one of us cannot serve or is no longer willing to serve - but we are not sure what impact active military duty has on this.

Thank you.


Asked on 5/03/06, 9:33 am

1 Answer from Attorneys

Re: Trustee Serving in Military

Your Brother does not have to step down, if only one Trustee's signature is required to do what you need to do under the Trust if the other Trustee is unavailable. If you expect to refinance or sell in the near term, it might be easier if he did step down or in the alternative amended the Trust to add your sister (3 Trustees)and allow any two of you to act.

If you have additional questions, plese feel free to contact me.

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Answered on 5/03/06, 10:21 am


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