Do I have to name a successor trustee for my living will in Arkansas?
I live in Arkansas and I'm working on my revocable living trust online with NoLo software and ran into a problem. I would like for my son to be my successor trustee in the event I am incapacitated but I also have him as my executor. It will not let me choose him to be both because of conflict of interest. I don't have anyone else or want anyone else for this position and he is also my beneficiary. Although, I do need a successor trustee but do i need to choose anyone at all or can it be left blank so he can be the executor?
1 Answer from Attorneys
I am a licensed Arkansas attorney, but I do not know anything about NOLO software. There are many reasons to think about who should be in those roles, but there is no law against the same person serving in both roles.