Legal Question in Wills and Trusts in California

if someone has been named trustee of a trust, do they have to accept the position by signing a legal document?


Asked on 9/27/11, 10:03 pm

2 Answer from Attorneys

Jennifer Rouse Meissner Joseph & Palley

If your question is whether you are required to act as trustee, no you are not. You can decline to act and the successor named in the trust will step in. If a successor is not named, then you should see if you can nominate a successor under the terms and if you cannot, then the beneficiaries should petition the court for a successor trustee.

If you are asking if in order for you to legitimately be acting as successor trustee, do you have to sign a document. Generally the answer is yes. If the trust has real property, then an affidavit has to be recorded to show you as current trustee. Most financial institutions will require something signed by you stating that you are the successor trustee such as a certified extract or an acceptance. And if the trust is irrevocable, then a trustee's notice must be sent to all intereted parties.

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Answered on 9/28/11, 5:07 am


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