What happens to a bank account in a living trust upon the death of the trustee. Is the account frozen?

Do I have to wait until I receive her death cert. before I can add my name to the account as succesor trustee?
What happens to a bank account in a living trust upon the death of the trustee. Is the account frozen?
Need more details...lawyer here. What kind of living trust are we talking about, a trust declaration or something like a Totten Trust (a joint bank account).





You cannot add your name as a successor trustee after the death of the creator of the trust. The trustee takes over at the death of the trustor (creator) and the purposes of the trust are executed at that time. There has to be a beneficiary of the trust. That person is now the owner of the account.





If you are the beneficiary, you would probably have to supply a certified copy of the death certificate to the trustee of the trust to prove your beneficiary status. I suspect from what you wrote that you are dealing with a bank? If so, a death certificate should get them to recognize you as a beneficiary and release the account to you per the trust agreement.





However, without a lot more detail, i can't say much more than I have here. But your suggestion that after the death of the trustor(creator of the trust) you could add your name as a trustee is just wrong. Whoever the designated trustee was, is the only trustee that can exist after the death of the trustor has occurred.
Reply:Yes, you would need a death certificate. The bank will not make any changes in the account until you have one.





Your question is a bit confusing though. The person that set up the trust is the trustor. There should be an administrator of the trust. The administrator is who needs a copy of the death certificate so they can carry out the terms of the trust and distribute the assets.





A trustee is the person or bank or whatever, that is holding the funds on behalf of the beneficiary. A successor trustee takes over from the original trustee if they die.





So, if what you said is correct, then this person that died was holding funds for someone else in trust??? Now you are taking over and holding those funds?





Or did you mean you are the beneficiary of the trust?