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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10313
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Is it necessary to have a probate attorney to follow the

Customer Question

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: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

Is the successor trustee willing to serve?

Customer: replied 1 year ago.
Expert:  LegalGems replied 1 year 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.

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