Legal Question in Wills and Trusts in California
I am currently the trustee of a living trust whose duties have overwhelmed me. My sibling is the second trustee named by our parent; I would like to transfer the primary trusteeship to my sibling. What do I need to do, legally, to accomplish this?
2 Answers from Attorneys
Assuming the trust is not subject to court supervision, then a simple resignation letter by you along with an acceptance of the job as trustee by your sibling should suffice. This can even be done on the same document. You want to make sure that your sibling will accept the job. Depending on the language of the trust, you may be required to file or send out an accounting. The only way to know if an accounting or other actions are required would be to have the actual trust instrument reviewed by an attorney.
Let me review the trust and determine the course of action. Contact me directly.