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The Wrong Successor Trustee Could Derail Your Estate Plan

Posted by Gregory Robinson | Apr 17, 2025 | 0 Comments

Choosing a successor trustee might seem like a simple formality—but selecting the wrong person can completely derail your final wishes.

Revocable living trusts are powerful tools for estate planning. They protect your assets, avoid probate, and provide for your loved ones. But when the trust becomes irrevocable after your death, your chosen successor trustee becomes the gatekeeper of your legacy.

Are you confident they're up for the job?


What Does a Successor Trustee Do?

During your lifetime, you typically act as the trustee of your revocable living trust, managing the trust's accounts and property. Your successor trustee only takes over when:

  • You become incapacitated

  • You resign from the role

  • You pass away

At that point, the successor trustee manages, distributes, and safeguards trust assets—possibly for decades.


Family Member or Professional Trustee?

Many people instinctively name a spouse, adult child, or sibling as their successor trustee. While this may seem like a good idea, here's the truth:

✅ Family members often lack:

  • Legal and financial training

  • Time to manage complex trust assets

  • Emotional neutrality in tough family decisions

💡 A professional or corporate trustee, on the other hand, brings:

  • Fiduciary expertise

  • Objective decision-making

  • Continuity across generations

  • Built-in oversight and compliance

This is especially important in blended families, where tensions or competing interests may arise between a surviving spouse and children from a previous relationship.


Can Beneficiaries Remove a Bad Trustee?

Yes—if your trust is written to allow it.

✅ Consider adding provisions that let:

  • Beneficiaries request a trustee's removal

  • A third party (like a trust protector or advisor) appoint a replacement

⚖️ This can help avoid court involvement and incentivize the trustee to act fairly and responsibly. But in certain cases, requiring court oversight may still be the right move.


What Should You Do Next?

Choosing your successor trustee is not just a checkbox—it's a critical part of your estate plan. Whether you:

  • Already named a family member

  • Want to consider a corporate trustee

  • Need to build in removal and replacement options

We can help you evaluate your best options.


📞 Let’s talk about your trust.
At The Robinson Advocacy Group, we guide families through every step of the estate planning process—including choosing the right trustee to protect your legacy.

About the Author

Gregory Robinson
Gregory Robinson

Attorney Gregory Robinson is a native of Alabama. He earned his Juris Doctor (J.D.) degree from Mitchell Hamline School of Law and holds a Master of Business Administration (MBA) degree from Rice University. Prior to practicing law, he worked as a strategy consultant in the financial industry...

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