Billings, MT asked in Estate Planning for Montana

Q: who becomes executor of a trust if executor dies before children reach age to control it?

My ex has terminal cancer her elderly parents are executors, kids wont be of age for 9 years. (age 25)

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: Trusts do not have executors, so you probably meant to ask who will be the successor trustee if the named trustee has passed. The answer is whomever is named as the successor trustee in the trust instrument. If no successor is named, then a petition will need to be filed with the court to have the court appoint a successor. The better practice would be for the grantor of the trust to amend the trust to name a list of successors, if the grantor has the capacity to do so while still alive.

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