Is the Settlor Incapacitated?
It’s an honor to be chosen as a successor trustee of a loved one’s trust. The person who chose you considered you trustworthy and responsible—someone who pays attention to detail and gets along with others. But do you want the job? You don’t have to take on the responsibility of serving as trustee—you can decline. Most of our clients agree to act as successor trustee because they feel a sense of loyalty to the person who asked them. In many cases, the trustee is a beneficiary of the trust, the deceased person’s accountant or other adviser, or a close friend or relative. Sometimes, however, the best thing you can do for all involved is to politely decline. If you are overwhelmed by demands on your time and energy or don’t get along with one or more of the beneficiaries, you may not in fact be the best person for this added responsibility. No one will be happy if you take on the job but are unable to give it the time and attention it requires. Accept the position only if you have the tim
