Are there problems when siblings act as co-trustees?

On the face of it, yes. But as an experienced estate planning attorney I invariably find myself cautioning these parents. Problems almost certainly will arise whenever siblings act as co-trustees. The challenges begin with hassles such as having to co-sign bank, mortgage and escrow documents relating to the trust.

What happens when there are three co-trustees in a trust?

For example, if one trustee wants to sell some property and distribute cash and a co-trustee wants to retain the property, there is a stalemate. If there are three co-trustees, the majority prevails, so an odd number of co-trustees are not such an issue in regards to disagreement.

Can a parent be a co-trustee of a trust?

The parent is the trustee while alive. For these purposes, let’s assume that the parent is a widow. She is the mother of four living children. She names two of her four children as successor co-trustees of her trust. These two are to assume the obligations and responsibilities of the trustee at their mother’s death.

Can a living trust have more than one trustee?

When a grantor creates a living trust, they name a trustee responsible for managing the trust’s assets on behalf of the beneficiaries. Sometimes, trusts can have more than one trustee, or co-trustees, who split the duties according to instructions.

Who is the grantor of an irrevocable trust?

Each Irrevocable Trust must have a Grantor, who is the person who signs the trust and brings it into existence. The trust is only a piece of paper, so the trust terms must appoint an individual or entity who will implement the trust’s terms; this person is called the Trustee.

What does it mean to be a co trustee of a trust?

In addition, co-trustees must generally act cooperatively with each other, unless the trust explicitly grants certain duties to a single trustee. This means that each co-trustee must act with the full consent and knowledge of the other co-trustees.

What happens when a grantor names multiple trustees?

When a grantor names multiple trustees, or co-trustees, they are responsible for co-managing the trust’s assets. It is important to know what and how much power each co-trustee has over the management of the trust’s assets.