QUESTION

How to limit power of trust protector

Asked on Feb 18th, 2017 on Trusts and Estates - Alabama
More details to this question:
I just read the will of a still-living relative. I am an executor and a co-trustee of a special needs trust that will be set up. The lawyer made himself trust protector with unlimited power (but no fiduciary responsibility), and no way to have him removed. How can we change that? Can a simple amendment to the will revoke the powers?
Report Abuse

1 ANSWER

Maryellen Sullivan
Yes, your relative can change the terms of an existing Will.  The amendment is called a codicil.  The codicil, which can be handwritten or typed, should state that your relative reaffirms the existing Will except for whatever provisions he or she wants to change, and then specificallly state what provisions should be deleted and add the new language.  The codicil should be signed by your relative and two witnesses.  A separate sworn affidavit of the witnesses, signed by a notary, is useful although not necessary.   Your relative could give the beneficiary, a co-trustee or some third person the authority to remove a trustee.  It is customary in a special needs trust to give the trustee broad authority, but also the requirement that they act in the best interests of the beneficiary.  There also a pooled special needs trust that your relative may want to consider - these are administered usually by nonprofits and can be less expensive.  
Answered on Feb 19th, 2017 at 6:22 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters