Legal Question in Wills and Trusts in California
two trustees on my living trusts want to be removed from the trust, and we want to replace them with new trustees, is there a simple process to do this?
2 Answers from Attorneys
You will likely need to meet with a lawyer to accomplish this.
If all the trustees and all the beneficiaries are in agreement, and the trust document does not raise any special barriers, then the process is relatively easy. You must make sure to comply with all formalities, however, to ensure that it is done correctly. A failure to correctly handle the change may cause problems later on when handling major transactions involving the trust.
Note that the process of officially appointing the new trustees may require court approval to be effective. Again, you need to consult with a lawyer to be sure you know what to do.
If the trustor is alive, you do an amended trust. If the trust has become irrevocable, then you will need to file a petition with the probate court to amend the trust. If all of the beneficiaries agree, it should not be too hard to do.