Can the successor Trustee Sign as Trustee? And can the notary also be the alternative trustee
Grantor is the initial trustee but the successor trustee signed the Living trust as "Trustee" is this legal. This person is not co-trustee either. Also the Secondary Trustee is also the Notary on this document which is a 3rd amendment to the original. The secondary Trustee is also the attorney who made the changes. Which are HUGE. Took his grandson, who Grantor had raised and put the grandson's ex wife to get everything. The ex wife is also the Successor Trustee whose signature is on the doc as "Trustee"
4 attorney answers
I'm not sure I understand. The successor Trustee who signed the 3d amendment to the trust is also the notary, as well as the attorney who drafted the amendment, as well the original beneficiary's ex-wife? If the Grantor still had capacity to make the changes to the trust, the Grantor would also have had capacity to sign the amendment. I think you should present all the fact to a local estate planning attorney and get an opinion regarding the legality of this situation.
if the grantor is also the only trustee named in the document-then the successor signing as trustee would be incorrect.
A notary should not sign a document the he/she is named in the document.
Is the Grantor competent to handle his/her affairs-if so-maybe another attorney should review the documents.
If the successor submitted documents that stated the grantor was not able to act as trustee-then everything as far as trustee might be in order as far as trusteeship.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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Yes. Successor trustee may sign as trustee.
Yes. Notary may also be appointed as a successor trustee.
Yes. Attorney may be appointed as a successor trustee. However, California probate code establishes special rules governing appointment of drafting attorney as successor trustee. If rules not strictly complied with, the appointment is not valid.
If trustor has legal capacity to make huge changes to his/her estate plan, he/she may do so.
If you are concerned with this process, discuss concerns with trustor.
It is not clear from your question whether the Grantor is still living. Many of the things mentioned in your question sound highly irregular, but it is not clear who, if anyone, would be damaged by the irregularities. I agree that you should consult a Trusts Attorney.
Please note that this answer is given for informational purposes only, and in no way creates an attorney-client relationship beteween the questioner and the responding attorney. You should be aware that Mr. Hamman is only licensed to practice law in the State of Arkansas. You are not a client of the Hamman Law Firm until you and Mr. Hamman have both signed a contract setting forth the scope and limitations of the representation, and the reasonable compensation to be paid by you to Mr. Hamman for that representation.