Trustee Authority After Death

Summary

When a co-trustee passes away, the surviving trustees ability to change successor trustees or beneficiaries depends on the trusts terms. If the trust is revocable, the surviving trustee may have more flexibility, but irrevocable trusts typically restrict changes. Review the trust document to understand the powers granted to the surviving trustee, especially any qualifications in specific articles. If the trust allows amendments, ensure compliance with any outlined limitations.

Full Conversation

If my dad and mom are cotrusteea
Hey ****! Could you please provide more details about your situation with your parents being co-trustees? For example, are you looking for information on their responsibilities, or are there any specific issues you're facing with the trust?
If my mom and dad are co-trustees and my mom dies can my dad change the successor trustee or beneficiary
Hi ****! Generally, if your parents are co-trustees and your mom passes away, your dad may have the authority to change the successor trustee or beneficiary, depending on the terms of the trust document.
To clarify:
- Review the trust document to determine the powers granted to the surviving trustee.
- If the trust is revocable, your dad may have more flexibility.
- If the trust is irrevocable, changes are typically more restricted.
Would you like more detailed guidance on how to review the trust document?
Yes
Case Rating: *
To review the trust document, follow these steps:
- Locate the section detailing the powers of the trustees.
- Check if the document specifies what happens upon the death of a co-trustee.
- Look for clauses on amendments, changes to beneficiaries, or successor trustees.
Would you like any more specific information on reviewing the trust document?
Revocation - surviving spouses trust: the surviving spouse may revoke and amend the surviving spouses trust subject to the qualifications contained in article *
Case Rating: *
It sounds like the trust document allows the surviving spouse to revoke and amend the trust, subject to certain qualifications. Here are some steps to follow:
- Review Article * of the trust document for specific qualifications or limitations.
- Understand the extent of the surviving spouse's powers to make amendments.
Is there anything specific in Article * that you need help interpreting?
Other trusts: all other trusts, including the disclaimer trust, shall become irrevocable and non amendable
Case Rating: *
Hi ****! It seems like upon your mom's passing, the disclaimer trust and other trusts become irrevocable and non-amendable, while the surviving spouse's trust can still be amended by your dad, subject to qualifications in Article *.
To help further, could you confirm if you need assistance interpreting specific qualifications or limitations mentioned in Article *?