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My trustee quit. Trust is written that Trustee can appoint another 2 take over. what exactly do we have to do to change trustee?

Northampton, MA |

as I said, my trustee quit knowing its illegal as a trustee to not pay my dental bill I gave him. don't know why he quit. just left all trust info on my front steps & said via note/ he quit. trust is written stating that in the event he resigns or otherwise cease to serve for any reason then he may designate some other person or entity as successor. it says he needs to write a letter stating this & who the successor is that's now being appointed. besides that letter. how do we get trustees name changed on account at bank? does that letter need to be notarized? are there any things we need to do in a court or W/ a Judge? please help assist me with these questions, as my poor dentist is waiting for payment & wont finish work stared til they've received some monies. thank you very much.!

Attorney Answers 3


The trust document controls the procedure for replacing a trustee who has resigned. Your document may indeed allow a resigning trustee to appoint a successor, but it should also contain provisions stating how a successor trustee can assume the office if the resigning trustee does not appoint someone else.

A financial institution will want to see the current trustee's resignation and then paperwork showing that a successor has been appointed and has accepted the office of trustee. Notarization is not required per se, however, the trust document may state that it must be done. You will have to consult the document and follow it completely.

Please note that if the trust owns real estate, documents should be recorded at a Registry of Deeds to reflect the trustees resignation. Those documents will need to be notarized.

Consulting a trust attorney would be a good idea; he or she will help you with the technicalities.

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Attorney David, Thank you very much for your response.! It accually did answer my question fully. You were very professional in trhe way you spoke in your answer. and very clear & able to understand. I am very very grateful that you responded. there is no realestate,just what funds I have left after paying so many Attorneys to complete job started by An EX Attorney who ripped myself & 6 other women from SAFE PASSAGES A non profit org. 4 domestic violence victims. I Thank you again for your detailed input it was the best, but Attorney Mark's was good also But U gave the details that I needed. Even though he quit I can ask him to appoint successer, I believe thathe will at least do that, as to not incur any legal issues himself for just sticking all his paperwork in front of my door, W-0note stating that he knew that what he was doing was illegal But...... So YOU ARE MY LIFE SAVOR !!!!!! THANK YOU FOR YOUR THOROUGH INFORMATIVE answer. And also for Responding in a tactful, professioal manor.! It & You are greatly appreciated.!!!!!!!!!!!!!! Thanks Again Attorney David . U helped greatly........ & free.......More Like You are Needed in this World.! God Bless U, & Again Thanx. Antoinette [Toni ] B


First of all, there are usually very specific procedures for Trustees to follow if they wish to resign. They are inserted into a trust for exactly this reason. So, if the Trustee who quit did not follow the procedures outlined in the trust, he would still be the Trustee. He may also be liable (depending on the terms of the trust) for any damage which results.

Second, there may be another term in the trust which provides for the appointment of successor Trustees in case the current Trustee resigns without nominating.

If there is no such provision, then the Uniform Trust Code of MA (assuming it is an MA trust) will govern the procedure.

You should have an attorney review the trust immediately. S/he will be able to answer the above questions, aid you in finding a new Trustee, perhaps even serve as the new Trustee, and assist you in taking any necessary actions against the current Trustee.

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You really need an attorney. Period! You are asking for legal advice on a trust document that we have not read. No attorney can give specific legal advice without looking at the document. There is no other way to solve your immediate problem otherwise.

We are a Massachusetts law firm that helps organize and operate businesses and estates with trust, respect, and teamwork. This response is based on Massachusetts or federal law, but does not create an attorney-client relationship. This site provides general information. Please contact a lawyer in your jurisdiction for a solution to your issue.

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Well Attorney Mark Guey, Thanks for your response. which by the way wasn't as helpful as I'd expect from a business Attorney,& I'd add,your response was kinda on the rude ish side. I appreciate Your effort, but you might wanna be a bit more gentle in the words you choose. Based on your response to me, I wouldn't hire you. Your people skills seem to need adjusting. I could be wrong, maybe your smoother when dealing with paper, as opposed to people. thanks anyway for reminding me Why I have issues W/ most Attorney's. I'm Grateful all are not as UN coothed as You seem to be. maybe next time You don't have a helpful response you could not answer, & let an Attorney that has even a little helpful info respond,kindly, As opposed to Putting Down the person asking question. Toni

Mark Joseph Guay

Mark Joseph Guay


I gave you the proper bottom line legal answer. How you react to it is, of course, your choice. Ad hominem remarks about me do not change my answer.

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