Legal Question in Wills and Trusts in California

Re: appoint a trustee

Yes, if the trust says the existing trustee can appoint a successor trustee, then that can be done. See Probate Code 15660.

Re: appoint a trustee

First check the trust itself--if it gives options regarding a successor trustee, these control. If not, and there are no more successor trustees listed or available, then the beneficiaries would have to petition the court to have a new trustee appointed.

Re: appoint a trustee

Here is some info from Illinois. This statute refers to where a trustee is unable to serve because he is serving in the military. However, the main idea is probably good for your case. The main idea being that anyone can file a petition with the court to be named trustee.

(760 ILCS 10/)

Sec. 2. Whenever any trustee is in war service, that trustee or any

co-trustee or any person interested in the trust estate may file in the

circuit court to appoint a successor trustee a complaint for the

suspension of the exercise of the powers and duties of the trustee

during the period of his war service and until the further order of the

court.

(Source: P.A. 79-1359.)

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