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Is it necessary to have a probate attorney to follow the…

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Is it necessary to have...
Is it necessary to have a probate attorney to follow the order of a written trust that names me as next successor after the death of the original co-trustees.
Submitted: 2 years ago.Category: Estate Law
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1/22/2016
Estate Lawyer: LegalGems, Attorney replied 2 years ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,832
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Is the successor trustee willing to serve?

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Estate Lawyer: LegalGems, Attorney replied 2 years ago

Thank you; Yes, if the trust specifies the name of a successor trustee, that person is entitled to serve in that role should they accept the nomination.

Unlike the appointment of a personal representative of a probate estate, a trustee does not have to live in Florida or be related. Any individual, or a corporate trustee, such as a bank or trust company, can be named as successor/trustee. The individual trustee can be a family member, friend or professional advisor.

If an interested party has an objection, they can challenge it in court. There needs to be proof that the person is incapable of doing the job. Otherwise the court will usually defer to the wishes of the person that made the appointment.

I hope I've answered your question to your satisfaction. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask and I will get do my best-- If I have fully answered your question to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! Thank you; it's been a pleasure to assist you.

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