[WSBAPT] Appointing co trustees

[Teunis J. Wyers]

Assuming that the language of the trust agreement does not prohibit it, I
use a "Nomination of Co-trustee" document whereby the surviving trustor
makes the appointment, including language whereby the new co-trustee(s)
accept the nomination. I advise the client strongly against appointing two
additional trustees, because there are so many unanticipated future
developments that can create problems. Mothers especially tend to want to
avoid picking one child over the other, because they want to be "fair"
regardless of potentially adverse consequences for the trust.

You will want to include language authorizing each co-trustee to act alone
on behalf of the trust, for a number of reasons.

On Fri, May 5, 2017 at 12:58 PM, Setareh Mahmoodi <
mahmoodi.setareh at gmail.com> wrote:

> Hello,
>
> Mom and dad had a RLT. Dad passed away several years ago. Mom has been
> acting trustee, is fully capable but for the most part tired of managing
> everything. The two children are the named successor trustees. However, mom
> still wants to have power to be involved as needed.
>
> If mom decides to appoint the two children to act as co-trustees with her
> (so that she can retain he trustee status), would just an acceptance of
> appointment of trustee by the two children and possibly a new certificate
> of trust and a short amendment suffice?
>
> Is there anything else to be aware of? Anything else need to be drafted?
>
> The family dynamic is great, the two children have really been acting as
> trustees as they have been managing most of the stuff for mom and helping
> her with the properties etc.
>
> Thanks so much for your input,
>
> Setareh
>
> --
>
> *Best regards, *
>
>
> *Setareh Mahmoodi *
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Teunis J. Wyers @ Wyers|Wyers, Attorneys
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