Generally, a successor trustee cannot change or amend a trust. Most trusts are initially managed by their creator or original trustee, while they are still alive and competent. But after their passing, a successor trustee must step in to take legal title to assets and administer the trust according to its terms. Many successor trustees are spouses or adult children of the person who made the trust, and they often find themselves embroiled in familial conflicts about who gets what from the estate, and when and how they get it. As trust lawyers, one of the most frequently asked questions we get is whether successor trustees can change or amend a trust. We discuss this issue in more detail below.

FULL ARTICLE: https://rmolawyers.com/cansuccessor...

0:00 Introduction
0:42 Can a successor trustee change a trust?
1:38 Can a successor trustee amend a trust?
2:00 Can a surviving spouse change or amend a trust?
2:48 Can a successor trustee remove a beneficiary?
3:16 Can a successor trustee remove a cotrustee?
4:02 Can a successor trustee take over if the original trustee is still alive?
5:03 Can a successor trustee change beneficiary distributions?
6:07 What if a successor trustee pressured the original trustee into making changes?

Can a successor trustee change a trust?
Generally, no. Most living or revocable trusts become irrevocable upon the death of the trust’s maker or makers. This means that the trust cannot be altered in any way once the successor trustee takes over management of it. The successor trustee’s primary job is to administer the trust according to the explicit and implied wishes of the original trustee. A successor trustee may not modify or add or remove beneficiaries from an irrevocable trust. They must also never give the impression that they have the power to do so, especially to force beneficiaries into signing releases of trustee liability in return for distributions, for example. A successor trustee essentially works for the beneficiaries, and has a duty to carry out trust administration in a manner consistent with its stated provisions.

Can a successor trustee amend a trust?
The successor trustee cannot amend an irrevocable trust themselves, but they can potentially have any amendments made by the original trustee voided if they were the product of undue influence, fraud, coercion, or duress. This can have the effect of reverting the trust back to its previous version and terms.

Can a surviving spouse change or amend a trust?
Sometimes. Sometimes a trust will give a surviving spouse rights to change a trust after the first spouse dies, but this is uncommon. Similarly, a trust may give a surviving spouse or other heir a general or limited power of appointment. This means that they may be able to remove or replace beneficiaries if the trust expressly allows them to. We often handle cases where a stepparent outlives a blood parent as a cotrustee, and then tries to disinherit their beneficiary stepchildren. Depending on the facts of the case and the language of the trust, this may or may not be allowed. Consulting a trust litigation attorney is crucial in knowing and enforcing your rights in these cases.

Can a successor trustee remove a cotrustee?
Most of the time, trust creators name one successor trustee, just to make things simpler and avoid unnecessary disputes. But sometimes, the original trustee will name multiple successor trustees who are meant to share authority over and responsibility for the administration of a trust. When this is the case, a successor trustee can only remove a cotrustee if they have harmed the trust or engaged in misconduct, negligence, or a breach of fiduciary duty. Trustee breaches are more common than you might think, however, so a successor with a good case may very well be able to have a cotrustee removed. If the cotrustee is also a beneficiary, they may be relieved of their trustee authority, but less likely they will be disinherited.

Have questions? At RMO, we protect people like you everyday.
Learn more at: https://rmolawyers.com/services/trust...
Call (424) 3209444 or email [email protected]

Connect With RMO Lawyers:
  / rmorahnmuntzo'gradyllp  
  / rmolawyers  
  / probateandtrustlitigators  

About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.

Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation