Full question:
I am adding a Successor Trustee to a trust. I am not the original trustee but am now the sole trustee. I am wondering which forms to use from the US Legal Forms shown on the page below. Do I also need the 'Consent of successor trustee' form? http://secure.uslegalforms.com/cgi-bin/forms/search.pl?&state=CA&rating=all&field=title&altform=&memform=&query=successor%20trustee
- Category: Trusts
- Date:
- State: California
Answer:
The forms you need depend on your specific situation, such as whether you are resigning or simply adding a successor trustee. Some forms may need to be modified since you are not the original trustee. It is important to obtain a written consent or acceptance from the successor trustee. While I can help you find forms or draft new ones, I can't recommend one specific form over another that addresses the same issue. You can explore the available forms to see if they meet your needs. If they don't, let me know, and we can potentially add a form that suits your requirements. You can order a form or package by phone at Toll Free: , available Monday to Friday, 8:30 AM to 5:00 PM Central Time.
According to California law, a trustee can resign only in specific ways: (1) as stated in the trust instrument, (2) with the consent of the person who can revoke the trust in a revocable trust, (3) with consent from all adult beneficiaries in an irrevocable trust, or (4) through a court order (Cal. Prob. Code § 15640). If you are adding a successor trustee, you should ensure that all necessary consents are obtained to comply with these legal requirements.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.