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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33711
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Can I bequeath my position as a trustee to my husband?

Customer Question

can I bequeath my position as a trustee to my husband?
JA: What state are you in? It matters because laws vary by location.
Customer: massachusetts
JA: Has anything been filed or reported?
Customer: ??
JA: What confuses you?
Customer: wat do you mean by reported or filed?
JA: Anything else you want the lawyer to know before I connect you?
Customer: The situation is that I am about to become a second trustee for a house, held in trust for my 2 children. My children are by my first marriage. I was diagnosed with incurable cancer. I would like my husband to be added as a trustee, but the current trustee refuses. I wouke like, if possible, to bequeath my trustee position to my husband upon my death; no changes to the ultimate goal of the trust, which will be to ave the house go to my kids. I just want to ensure that my husband has a secure place after my death. (a 2 unit house; the current sole trustee loccupies one unit, my husband and I the other)
Submitted: 15 days ago.
Category: Legal
Expert:  Barrister replied 15 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Unfortunately no, only the maker of the trust has the authority to determine who is the trustee of a trust. The only way that a current trustee could select a new trustee is if the trust actually specifically gave them that power to choose their successor if they resigned.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister