I'm appointed as a successor trustee in a deceased relatives trust. The trust has two co-trustees who are fighting a legal battle due to maj...

Question

I'm appointed as a successor trustee in a deceased relatives trust. The trust has two co-trustees who are fighting a legal battle due to major conflict. It's likely that one of them will be removed as a co-trustee. If that happens would I be asked to become a co-trustee or is that only when the remaining trustee is incapacitated? I'm concerned about being caught in a triangle as I know both current co-trustees.

Answer

The trust agreement controls. It needs to be reviewed to answer your question.