The grantor appoints the trustee. It's typically not a small decision to make, as it can carry devastating repercussions if you don't handle it correctly. Again, as the trustee has a fiduciary duty towards the beneficiaries, their failure to deliver can lead to removal by the court.
Furthermore, a Living Trust can have more than one trustee, which isn't recommendable as it can create conflict. That's why naming a successor trustee is a better solution. A grantor can designate as many trustees as they want.
There is no universal law covering the exact scope of the Certification of Trust. However, most states have specific requirements for the Certification of Trust, but not all.
It's essential to verify the state statute regarding these types of certificates before using one to manage assets in a Living Trust.
It's not necessary to use a lawyer to create a Certification of Trust, but many people do. So long as you're familiar with your state's requirements and have access to the terms of the Living Trust in question, the process of writing the Certification or Trust can be pretty straightforward. However, keep in mind that all the information on the certificate must be accurate and up to date.
That entirely depends on the circumstances. For example, you must provide an official update if the trustee dies or resigns and the successor trustee isn't named.
An update is in order if there have been changes regarding the beneficiaries. Also, if they sold some of the assets or bought new ones, the Certification of Trust must reflect it.
Living Wills and Living Trust frequently use integrability, but they're not the same document. The Living Will mainly contains a person's decisions regarding end-of-life care and becomes null and void after they die.
On the other hand, a Living Trust is more about asset protection and placing the responsibility of its management on the trustee. Also, a Living Will goes through the probate process, whereas Living Trusts try to avoid it altogether.