Legal Question in Wills and Trusts in California

Survivor Trust Resigning From trust

A surviving trustee resigns from the trust due to diminished capacity and a daughter is named as the successor trustee. This is done by an attorney.Can the surviving trustee change the trust or add a codicil at a later date without the successor trustees'approval.

This is a revocable trust.


Asked on 9/06/03, 12:13 am

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Survivor Trust Resigning From trust

A trustee usually cannot change the trust. Call me to discuss exactly what you are attempting to do at (619) 222-3504.

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Answered on 9/09/03, 2:22 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Survivor Trust Resigning From trust

It depends on what the trust states. The trust document is what gives powers to the trustee or successor trustee. This includes the appointment of successor trustees. If the successor trustee was named in a way inconsistent with the terms of the trust, their position could be chalanged.

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Answered on 9/06/03, 2:12 pm
Scott Schomer Schomer Law Group

Re: Survivor Trust Resigning From trust

It depends on the terms of the trust. I would be happy to review the trust and give you a more complete answer if you contact our office.

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Answered on 9/06/03, 6:22 pm


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