Legal Question in Wills and Trusts in Arizona

Re: how do i resign as trustee of a trust?

I agree with the prior answer. The procedure for withdrawal of a trustee should be spelled out in the trust. Trusts frequently provide that a trustee may resign by providing written notice to the trustor (if still living) and to a named successor trustee.

If no successor trustee is named in the trust, and the trust document does not state how a trustee may resign, then you may have to file a petition with the court for your withdrawal and appointment of your brother as trustee.

This is all assuming that the trustor is deceased. If the trustor is still alive and mentally competent, the trustor can appoint your brother by amending the trust.

Re: how do i resign as trustee of a trust?

I will add a little to the answers posted. You do not state enough facts to give an exact opinion, and no final opinion can be given without an examination of the trust.

If the trustor is dead, and you never began to act as trustee, follow the procedures spelled out in the trust for resignation. If none, sign a resignation and give a copy to the successor trustee named in the trust and all beneficiaries. If you have taken any action as trustee, you may have to also submit an accounting of your actions and transactions. Again, see the trust document. Consult with an estate attorney for help. The trust is required to pay the fee.

If the trustor is living, have him or her amend the trust to remove you as the named trustee. This must be properly done in writing.

Good luck.

Re: how do i resign as trustee of a trust?

The answer depends on the terms of the trust. If you can't figure it out by reading the trust, then bring the document to a lawyer. This is a serious issue. If your withdrawal is ineffective, you will continue to have a fiduciary duty to the beneficiaries.