If a deceased person has a living Trust and they named 3 people as the successor, which one makes the decision on what to do with the property in the trust?

And what happens if you don’t know where the other successor’s are or where they moved?

Asked on November 6, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Generally speaking, the Trust document itself should state if the Trustees are permitted to make decisions alone or if they must make them together.  Also, it sounds like they might be listed in order of who is to be appointed.  If you are all named to work together and you can not locate the other two then you may need to ask the court to allow you to wrk alone after a due diligence investigation to locate the other two has been made.  Please seek legal help here You could be held liable as a fiduciary if you act improperly.  Good luck.

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