Q: I’m wanting to know how is a trustee appointed.
I’m wanting to know is a trustee appointed by a judge or does the members just appoint the trustee by typing up a document saying they pick this person as trustee?
A: Typically, the settlor (creator) of the trust picks the trustee and identifies them in the trust instrument. The trustee, of course, must accept the “res” (property) to be held in trust.
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A:
Generally speaking, there are a few common ways a trustee can be appointed:
Creation of a trust: When a trust is created, the person establishing the trust (the "settlor" or "grantor") will appoint a trustee by naming them in the trust document. This is the most common way a trustee is appointed, and it does not require the involvement of a judge.
Appointment by beneficiaries or other parties: In some cases, the trust document may provide for the appointment of a trustee by the beneficiaries or other designated parties. This would typically be done through a written agreement or consent, and it may or may not require the involvement of a judge, depending on the trust's terms and governing laws.
Appointment by a judge: If the trust document does not specify a trustee or if a vacancy arises (e.g., due to the resignation, death, or incapacity of the current trustee), a judge may appoint a trustee. This typically occurs in a court proceeding where the judge reviews the circumstances and selects a suitable person or institution to serve as trustee.
If you have further questions, you need to speak to a qualified estate planning attorney.
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