Can a trustee add additional successor trustees, if the maker of the Trust has passed away?
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Can a trustee add additional successor trustees, if the maker of the Trust has passed away?
I set up a living Trust for my uncle. My aunt, not his wife, was the trustee and I was the successor trustee. We would like to add additional successor trustees. Can we do this now that my uncle is deceased? Does the aunt that is current trustee have the authority to add additional successor trustees?
Asked on March 4, 2015 under Estate Planning, Tennessee
Answers:
Christine Socrates / Christine Sabio Socrates, Atty at Law
Answered 9 years ago | Contributor
Your answer depends on the provisions set forth in the Trust document. There should be a provision that addresses whether and how a successor is appointed or whether anyone has the power to appoint additional trustees. Since your uncle is deceased, the trust becomes irrevocable and the provisions cannot be changed.
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