Legal Question in Wills and Trusts in California

When a trustee illegally withdraws from her duties to carrying out the trust. What can the heirs do to get the trust executed? How do they appoint another trustee and can they do it through notary?


Asked on 6/20/10, 8:08 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I do not know how a withdrawal is illegal. No one can be forced to be a trustee. You have to look to the Trust documents to see what is provided for in obtaining a replacement Trustee. If there is nothing and the grantor/trustor is dead, you would probably have to petition the court to appoint a new trustee. Heirs are in a Will, beneficiaries in a Trust. A notary just verifies signatures on documents.

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Answered on 6/21/10, 3:13 pm
Anthony Roach Law Office of Anthony A. Roach

You may have some problems. Although a trustee is essential to the operation of a trust, once the trust it was established, it will not fail simply because of resignation of the trustee. Normally, the court appoints a successor trustee. If this was a testamentary trust, there is a court procedure for this, and I suggest speaking to your probate attorney.

You may have a problem, however, if this was an attempt to create an intervivos trust. An intervivos trust must have a present and effective transfer of property to create the trust. If the trustee has refused to act, or has absented himself or herself, their may be a failure of delivery, and therefore a failure of a trust.

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Answered on 6/21/10, 8:30 pm


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