Attorney Thomas B. Burton discusses the situation where someone named as a backup trustee in a Revocable Living Trust dies before the person who made the Trust (the Grantor) dies.
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Transcript of Video: What Do I Do if My Backup Trustee Dies Before Me?
Today's question has to do with an old
revocable living trust let's say you have
a revocable living trust from 1995 and
it's all set up you're still living but
the trustee named in the trust has died
so the person while you're alive you're
the trustee but the person you named as
backup unfortunately pre deceased you
Now what do you need to do? Do you need
to start all over? The short answer is no
most revocable living trusts contain a
provision saying you can amend or revoke
the trust in whole or in part there also
may be a specific situation dealing with
the deaths of a trustee check your trust
and see if you named a backup
to the person who has died if you have
not consult a local attorney who can
help you draft an amendment to the trust
naming a new trustee to take over in
case of your death or incapacity this is
one of the great reasons to have a
revocable living trust they're flexible
and designed to be changed to meet your
needs as your life and circumstances
change Great question and thank you for
asking. If you have a question you'd like
answered please consider submitting it
for a future video blog question and answer
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Transcript and captions provided for ease of access for the hearing impaired.