If the trust instrument is silent on the topic, does the law allow a surviving spouse who is now sole trustee to appoint a co-trustee (e.g. her son, who would be successor trustee on her death)? Does it have to be approved by the beneficiaries?
1 Answer from Attorneys
Re: Appointing Co-Trustee
this depends upon the specific wording of the trust, which now is likely required to be subdivided into at least 2 trusts after first death. the surviving spouse may have the right to amend the trust that is not yet irrevocable.
you should consult an attorney, preferably the attorney who prepared the trust.