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The Successor Trustee's Job

Most people don’t have any idea how to proceed when they find themselves in the role of successor trustee of a living trust. And why would they? It’s not something most of us will ever do more than once.

The good news is that if you’re in charge of wrapping up a typical probate-avoidance living trust, your duties may be quite simple. You may need only use your authority as trustee to transfer a few assets to the people who inherit them. Still, whenever you’re handling someone else’s money—which you are if you’re a trustee or an executor—you must be very careful to follow the law. If you don’t, you could be liable for any losses you cause. That’s why most successor trustees can benefit from a quick talk with an experienced lawyer.

Ready to create your will?

It's an honor to be chosen as a successor trustee of a loved one's trust -- the person in charge of wrapping up the trust after the death of the person who created it.

If you take over as trustee of a living trust, here's what to expect early on.

One of your first jobs as trustee is to let beneficiaries know you're in charge.

When you've been chosen to act as the trustee of a trust, you must handle both money and people.

Special Needs Trust: The Trustee's Job Learn what you'll need to do as the trustee of a special needs trust.

If you're the trustee, you need to know which assets you're in charge of.

Empower Yourself: DIY Products by Nolo

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Use this form to make simple changes to your living trust – for example, adding or removing beneficiaries or naming a new successor trustee.

Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.

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