Legal Question in Wills and Trusts in Arizona

Can a trustee name a successor trustee?

If the trustor/grantor is no longer with us -- deceased or incapacitated, how would one go about name another successor trustee?

Does the trustee have that ability?

Asked on 4/24/14, 10:10 am

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

The trust agreement controls who succeeds the initial trustee of the trust. If there is no such provision, then you will have to go to court to appoint another trustee.

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Answered on 4/24/14, 3:24 pm
Charles Bruen CBCG Law, PLLC

The Grantor should have named a successor trustee in the Trust document. If the named person unwilling or unable, most Trusts provide for some method of choosing another successor. If you have a copy of the Trust itself, I would bring it to an attorney.

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Answered on 4/24/14, 4:14 pm

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