You have just gone through a long and insightful process to get your affairs in order. You met with your financial advisor, accountant, insurance agent, and attorney. Part of this process included creating a living trust in your estate planning documents. The trust could be for a minor child until age 40 or maybe even for their lifetime, or a trust for your spouse. You named a trustee, more than one actually, because you needed an alternate trustee in case the first one you named in the document couldn’t or didn’t want to serve, either initially or later on.
But what if it turns out the trustee you named ends up not being the best choice?
If you are still alive and the trust document allows for amendment, you can change the trustee. But what if change might be warranted, but the document does not allow you to change it or you have died and can’t change it? Continue reading