In a recent proceeding commenced by my client to appoint a successor trustee of an inter vivos trust, the Queens County Surrogate’s Court required the nomination of a specific person or entity to serve as successor. The Court declined to appoint a successor itself.
Per the note I received from the Court after submission of the petition, which did not include the name of a successor: “Though the court may appoint a successor trustee (SCPA 1502), it is not the policy of the court to nominate a successor trustee. Relief must contain nomination of a successor trustee.”