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PDF Editor FAQ

How many members are required to form a trust?

There are two parties in a trust. The Trustor/Settlor and the Trustee. The settlor is responsible for the creation of the trust and the settlor appoints the trustee who is responsible for managing the trust.Most trusts are established so that the settlor and the trustee are the same person. In addition to naming the trustee, the settlor also names alternate, what we call successor trustees. A successor trustee is someone that can take over the administration of the trust should the original trustee become incapacitated or pass away.

What should I do as a trustee if one of the four beneficiaries wants to become a co-trustee?

Tell them the truth —- That the management and administration of the trust is determined by the trust’s terms and provisions, as specified by its Trustor and set forth in its Declaration of Trust. Consequently, you lack authority to change its terms and provisions, including the identity of its Trustee, the ability to appoint a Co-Trustee, and the list of named successor Trustees if the acting Trustee is no longer willing or able to serve.The instant beneficiary is asking for something that the law simply does not provide —- unless it was expressly set forth by the Trustor in the Declaration of Trust, which, here, it apparently was not.Richard Wills, retired probate attorney originally licensed in CA & WA

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