Legal Question in Wills and Trusts in California
Can a trustee resign?
My father in law is having family problems with his Mom. He want's to quit as the controller. Can he resign as the Trustee to his Mother's Trust? He seems to think only she can remove him. Is there anything he can do to get out of this?
2 Answers from Attorneys
Re: Can a trustee resign?
A trustee can resign anytime, he/she isn't forced to keep the position. If it's a court-supervised trust, an order approving the resignation and appointing someone else may also be required.
At his resignation, he'll need to notify his mother and the successor trustee, and provide an accounting of the trust assets during his term as trustee.
Re: Can a trustee resign?
Mosts trusts have a provision which states if the trustee is unable or willing to perform then the successor trustee shall take his place. If that is not included, then the governing law provides for such and may be triggered if the successor trustee is unwilling. For assistance, call me directly at 1.619.222.3504 or e-mail me at the address below.
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