Also known as: cotrustee · co-trustees · cot trustees · joint trustee
Written by attorneys · grounded in primary & secondary sources — see below
A trustee who serves jointly with one or more other trustees in the administration of the same trust. Cotrustees ordinarily possess identical powers and duties and must coordinate their actions unless the trust instrument permits unilateral action by one.
Connor Clark and Curtis Cannon serve as cotrustees of a family investment trust. Connor attempts to delegate investment selection decisions to Curtis alone because he believes the settlor expected both to evaluate opportunities together. The attempted delegation is ineffective and Curtis may revoke it at any time.
Cassandra Cooper resigns as cotrustee of a real estate trust while Carlos Castillo remains in office. Until Cassandra delivers all trust documents and funds to Carlos, she must continue exercising the powers necessary to safeguard the properties from damage or loss.
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Cynthia Cortez is removed as cotrustee of a farm trust. She must promptly transfer possession of all trust equipment and records to the remaining cotrustee, Claire Campbell, rather than retaining them while disputes over removal are resolved.
Canyon Construction funds a trust naming two family members as initial cotrustees. After one resigns without replacement, the remaining cotrustee continues administration. The trust remains valid even though only one trustee is now in office.
A cotrustee must participate unless unavailable due to absence, illness, or temporary incapacity. When prompt action is required to protect the trust, the remaining cotrustee may act alone.
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A vacancy need not be filled if at least one cotrustee remains in office. The remaining cotrustee may continue administering the trust without court appointment of a successor.
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The former cotrustee must continue performing trustee duties and must deliver trust property expeditiously to the remaining cotrustee or successor.
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No. A cotrustee may not delegate a function the settlor reasonably expected the trustees to perform jointly, though a prior delegation may be revoked unless made irrevocable.
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A cotrustee who does not join an action is generally not liable for it, provided the nonjoining cotrustee exercised reasonable care to prevent or redress serious breaches.
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…and principal. During her lifetime, the decedent retained power to amend or revoke the trust. Since the trust was unfunded, her cotrustee was subject to no duties or obligations until her death. Similarly, it was only as a result of the decedent’s death that Mayo could claim any right to the trust assets. It is evident from…