Review the trust agreement to determine whether it provides authority for adding a co-trustee. But if the irrevocable trust agreement expressly prohibits the current trustee from adding a co-trustee then the trustee and beneficiaries, or a judge, will have to agree to amend the trust before adding a co-trustee.

Can a co-trustee be removed from an irrevocable trust?

To remove the trustee of an irrevocable trust, a court must get involved. To start the process, a party with an interest in the trust (like a beneficiary or a co-trustee) must file a petition with the appropriate court requesting that the court remove the trustee.

Can a trust have co trustees?

The grantor can choose almost anyone except a minor to be co-trustee. If you’re the grantor and trustee of your revocable living trust, you may also appoint someone to serve as co-trustee with you. For example, you and your spouse could be co-trustees of your family trust or joint trust.

Can a judge add a co-trustee to an irrevocable trust?

But if the irrevocable trust agreement expressly prohibits the current trustee from adding a co-trustee then the trustee and beneficiaries, or a judge, will have to agree to amend the trust before adding a co-trustee.

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

Co-Trustee Agreement. Co-Trustees usually work in conjunction with, and with the approval of, the other co-trustees. This means that one co-trustee cannot make a decision about trust property without the express, unanimous approval of the other co-trustees.

Can a co trustee make a decision alone?

Sometimes the trust will make exceptions to this rule, such as when a co-trustee is ill and cannot make decisions, or when the trust expressly allows one trustee to make certain decisions alone. Each co-trustee has a responsibility to disclose information relating to the trust to the trust beneficiaries.

Can a co trustee be liable for a breach?

A breach of any fiduciary duty by a co-trustee may result in legal liability to the trust. In certain circumstances, a co-trustee can be liable for breaches by other co-trustees. This may be true even if the non-breaching co-trustee did not have actual knowledge of the breach.