How do I appoint a new successor trustee for a trust?

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How do I appoint a new successor trustee for a trust?

My father put his house in a realty trust. He was the trustee and I was the successor trustee. He has passed away, leaving the house to me in the trust. I would like to appoint a new successor trustee in case something should happen to me. How do I go about doing this

Asked on February 23, 2011 under Estate Planning, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I would suggest that you take the trust document to an attorney who specializes in this area of law in your State.  The Declaration of Trust may itself speak to how a successor trustee is appointed but really the trust document needs to be read in its entirety to figure out the best way to proceed.  If the trust document does not state the procedure then the Massachusetts General Laws that deal with Trusts and Estate procedure will and that is the process that will need to be followed. It should not be that difficult to do but you may need to re-write the trust itself.  Good luck to you.


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