When it comes to estate planning, trusts are becoming an increasingly popular option for many individuals in Tucson. Trusts provide a way for people to protect their assets and ensure their loved ones are taken care of after they pass away. However, many people are still unsure about the role of a trustee and their powers. In this blog post, we’ll answer some common questions about trustees, including whether a trustee can change a trust and what powers they have.



Can a Trustee Change a Trust?

One of the most common questions related to trustees is whether they can change a trust. The answer is yes, a trustee can typically change a trust, but only if the trust document allows for changes. This is why it’s so important to carefully consider the terms of a trust before creating it. If you are a trustee who needs to make changes to a trust, it’s important to work with an experienced attorney to ensure you have the legal authority to do so and that everything is done correctly.

What Powers Do Trustees Have?

Trustees have a variety of powers related to the trust, including managing and investing assets, distributing assets to beneficiaries, and making decisions about the trust. Trustees are also responsible for ensuring the terms of the trust are carried out properly and for making sure beneficiaries receive what they are entitled to. It’s important for trustees to work closely with a trust attorney to ensure they understand their powers and that they are fulfilling their duties in accordance with the trust.

Can a Successor Trustee Change a Trust?

If you are a successor trustee, you may be wondering if you have the authority to make changes to the trust. In most cases, a successor trustee has the same powers as the original trustee. However, there may be limitations or specific instructions related to the powers of the successor trustee, which is why it’s important to carefully review the trust document.

What Can a Successor Trustee Do and Don’t?

A successor trustee has many of the same responsibilities as the original trustee, including managing the assets in the trust, making distributions to beneficiaries, and fulfilling the terms of the trust. However, there may be specific instructions related to the powers of the successor trustee, such as restrictions on when distributions can be made or specific requirements for managing the assets in the trust. It’s important for successor trustees to work with a trust attorney to ensure they understand their duties and are fulfilling them in accordance with the trust document.

How Can You Remove a Trustee from the Trust?

If you believe a trustee is not fulfilling their duties or is not acting in the best interests of the trust and its beneficiaries, you may be able to remove them from their role as trustee. However, this can be a challenging process and requires the assistance of an experienced attorney. It’s important to carefully review the terms of the trust and work with an attorney to ensure you are following the proper procedures for removing a trustee.

How Can an Attorney Help?

At The Law Office of J. Marc Montijo, our attorneys have extensive experience assisting clients with creating, managing, and changing trusts in accordance with Arizona law. We can help you determine the best type of trust for your needs, draft and create a trust document that meets your unique objectives, and assist with managing and changing the trust as necessary. If you are a trustee or successor trustee, we can provide guidance and assistance to ensure you understand your powers and responsibilities.

Understanding the role of a trustee and their powers is essential for anyone considering a trust as part of their estate plan. If you are a trustee, it’s important to work closely with a trust attorney to ensure you understand your powers and are fulfilling your duties in accordance with the trust document. If you are considering creating a trust or need assistance managing an existing trust, The Law Office of J. Marc Montijo can help. Contact us today to learn more.