Q: Why is it that only a Special Co-Trustee can appoint a Trust Protector? It seems to me that an initial Trust Protector should be named from the outset to serve until the creation of the sub-shares so a Trust Protector is in place to determine if a conduit/accumulation toggle is necessary.
A: The Special Co-Trustee is included to create a separation between the Trustee and the Trust Protector. By including more parties in the appointment process the goal is to provide a higher level of asset protection. One could have a Trust Protector lined up in advance if one chooses. For our law firm clients, we have our law firm named only as a default Trust Protector, in the event that another party cannot be found to serve in this capacity at the time and if needed.
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