Legal Question in Wills and Trusts in California

Successor Trustee of Last Trustor

My mother is unable to serve as Trustee of her Revocable Living Trust. We have letters from two Physicians stating she is unable to take care for her financial matters due to short term memory issues.

Question: Do the Financial Institution automatically honor these letters and allow the named Successor Trustee to succeed to title of Trustee to the Trust Estate? OR Is the Successor Trustee required to go to an Attorney to secure a document stating the situation?


Asked on 4/03/08, 3:17 pm

3 Answers from Attorneys
Jeb Burton The Burton Law Firm

Re: Successor Trustee of Last Trustor

You need to see an attorney for a couple reasons, most importantly to have a new certification of trust listing the successor trustee as the acting trustee. This is the document you will bring into the institutions.

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Answered on 4/03/08, 3:25 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Successor Trustee of Last Trustor

You bring the trust document and the letters to the bank, and explain that you need the account to be changed into the name of the Successor Trustee. They'll tell you if you need anything else. You should not need anything from an attorney.

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Answered on 4/03/08, 3:38 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Successor Trustee of Last Trustor

You are not required to see an attorney. Take your documents to the bank, if they honor the trust, then you're okay. If not, see an attorney. I've had clients come to me because a bank refused to acknowledge their office of trustee when they had a death certificate.

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Answered on 4/03/08, 4:30 pm


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