Legal Question in Wills and Trusts in California
How do I resign as #1 successor trustee of my mother's revocable living trust, created in San Diego, CA? Is there a resignation form that I can use, or can I send a letter of resignation to my brother, the #2 successor? Does it need to be notarized and does the original go to my brother? My step-father, who lives with her, was named #3 successor, but if he survives her he will be the 'surviving spouse'. Will he automatically assume the #1 position upon her death?
2 Answers from Attorneys
You might consider holding your resignation until the time the appointment becomes reality, since you might change your mind in the interim.
Usually, the surviving spouse is the sole trustee. Upon that surviving spouse's death, then the other designated trustees take over. However, the trust designates the order of service.
Ask the Trustor to remove you. The Trustor will have to amend the trust. Contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
