QUESTION

I want to step up as a trustee to my for my trust fund as there is no trustee since my father died and I am the oldest of 3 heirs to the fund

Asked on Nov 04th, 2021 on Estate Planning - Georgia
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My father passed away 4 years ago. He was the trustee of the family trust fund, and did NOT name a successor. This is in Ga. I want to step up as a trustee since I am the oldest of the 3 heirs. No one is contesting it, and the financial bank is waiting for word to put the trust into my name. The lawyers said they want to find the original will of my grand-father from 1972 when he dies, in NY, but can not find it
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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I'm not exactly clear on what your question is, but it appears to relate to how you could step in as successor trustee of the trust. Unfortunately, there's no way to answer that question without a lot more information that can be provided in this kind of forum.   The first place to start when figuring out who becomes successor trustee of a trust when a serving trustee stops serving is the document that actually creates and contains the terms of the trust, plus any later documents that might have affected the trust's terms. Since the attorneys are trying to find your grandfather's Will, I assume that the Will is what created the trust. If that Will was filed for probate (in NY or elsewhere), then the probate court should be able to provide a copy, although if it was filed in 1972 it can take a while for them to pull up that record, so hopefully it will eventually turn up. If the Will was not filed for probate, then it may be that a separate document created the trust- in that case, you'd need to get a copy of that document (hopefully your father had one). If the trust was created in part by state law, however, you'll need to see what the applicable law said.   If whatever document controls the trust does not provide for a successor Trustee and does not address the question of how to select one if one is not named, then you will need to look to applicable state law (which may actually be NY law if the trust was created by a NY Will, even if the trustee and beneficiaries are all in GA and the trust was being managed here), and figure out how to make it happen. A court petition may be required, and you'll need to figure out what is required for that petition to be filed and granted.   If there are already attorneys involved (it sounds like there are), then you should let them figure things out. If at some point it looks like they aren't figuring it out, then you can hire a different attorney. I recommend hiring an attorney who works with fiduciary litigation as well as general trust and estate administration- that kind of attorney is most likely to have the experience and knowledge needed to help you figure out what needs to happen and get it done.   Best wishes to you.  
Answered on Nov 05th, 2021 at 7:47 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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I would be happy to assist you. Do you have a copy of the Trust or is it part of the will you are trying to locate?  You should be able to get a copy of the will by call the Surrogate's Court in NY in the county where your grandfather died. Appointing a new trustee has become easier in the last few years, but it all depends on the appointments clause in the trust.  I would need to see the trust to advice how simple or hard it will be.  Either way, we can get a new trustee appointed.
Answered on Nov 05th, 2021 at 5:57 AM

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