Let's say, I am a settler of a special need trust. The trust is revocable during my lifetime. After my death, the same trust becomes irrevocable. This trust will be operated my the trustee and the trust successor. Here are my questions: what happens if all of the trustees/trust successors will not be able to serve due to different reasons, like: illness/death/conflicts with beneficiaries/ and so on? Let's say, the beneficiary of the special needs trust are always not easy people to communicate with. Relative and friends are not always happy to become trustees. After the settler's death ( my death) how my beneficiary could establish new trustees if all exited whether refused to serve or will not be available? Are there any legal ways for the beneficiary of the special need trusts to apply anywhere to appoint a new trustee ? Thank you!
1 Answer from Attorneys
The beneficiaries or the court can seek to appoint a successor trustee.