Can a trustee add additional successor trustees, if the maker of the Trust has passed away?

UPDATED: Mar 4, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 4, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 7 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.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption