When creating your Orange County estate plan that includes a living trust, one of the most important tasks will be to appoint a successor trustee or trustees to fill your role once you are incapacitated or have passed away. Since the trustee will be charged with administering your Orange County living trust, it is vital that you choose the right person for the job. Fortunately, an experienced Orange County estate planning lawyer can help you decide who to appoint the successor trustee of your trust.
While considering who to appoint as successor trustee, consider the following factors:
- The geographic location of your successor trustee. If he or she lives far away from your beneficiaries or your trust assets, it may be more difficult to administer the trust.
- The age of your successor trustee. Is the individual mature enough to handle the responsibility? Similarly, is the individual of an older age, increasing the likelihood that he will be incapacitated or have passed away at the time of appointment?
- How responsible the individual is on a general basis. Is she honest, stable, dependable, and organized?
- The financial experience and background of the individual.
- The relationship of the successor trustee to the beneficiaries. Will they likely be able to get along during the administration process?
- The time and flexibility of the successor trustee. Choosing someone who is very busy and may not have sufficient time to devote to the task may not be a wise decision.
- The fairness of the successor trustee. Is he likely to administer the trust fairly and equitably, without favoring one beneficiary over another?
- Whether the trustee is also a beneficiary under the trust.
- The size of the estate.
- Whether there are sufficient resources for the successor trustee to have the ability to hire counsel, financial advisors, and tax preparers to assist with the administration process.
For more information about trustees and living trusts, view our free guide, Understanding the Revocable Living Trust – In Language that Anyone can Understand in 8 Minutes. Contact the experienced Orange County estate planning attorneys at the Law Office of James F. Roberts & Associates, APC for assistance creating your estate plan. Call our office today at (714) 459-5481 for a consultation.