i have a court order in CA apointing me trustee and discharging my sister as trustee. do I need letters of trust or is the order in itself a letter of trust
4 Answers from Attorneys
You may need a certified copy of the Order and you banks and other financial institutions you deal with may also want what is called a Certification of Trust. Some banks have their own forms for a Certification of Trust. That is a document that is notarized that sums up who is the trustee and other general terms and powers of the trustee.
There is no such thing as letters of trust (you may be thinking of Letters Testamentary or Letters of Administration, which are issued by the court to the personal representative of a probate estate.) The court order establishes that you are trustee, but some financial institutions may also require a Certification of Trust (signed by you as trustee.)
A certified copy of the court order and a new Certification of Trust should be what you need, unless the trust has any additional requirements. If the trust has real estate, I'd recommend preparing and recording Affidavits of Successor Trustee for the real property as soon as possible, along with sending certified copies of the court order to any institutions holding trust assets.
I agree with all previous counsels answers.
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