Legal Question in Wills and Trusts in California
I have a special needs trust, can I revoke my trust and make somebody else my trustee, instead of this foundation? What papers would I need?
4 Answers from Attorneys
A special needs trust is an irrevocable trust so I doubt that revocation of the trust is possible. However, even irrevocable trusts can have language that permits either a beneficiary or a trust advisor to remove the Trustee. Furthermore, the Probate Code allows for removal of a Trustee under certain limited circumstances. If those conditions exist, then you would need to file a Petition and obtain a court order removing the Trustee. These trusts are very unique and you should have it reviewed by an attorney (like myself) who has expertise in dealing with special needs trusts, so that you can receive more specific legal advice.
It is not clear whether this is a trust you created or one where you are the beneficiary. Either way, if the trust is irrevocable, this may be difficult. It will be necessarty to see the trust itself to advise you on the issues.
Irrevocable trusts are difficult to change. I would need more information on the trust itself.
You could discuss your concerns with the trustee. The foundation may be willing to resign as trustee, and the instrument may have a means of appointing a successor trustee without having to go to court.