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What form do i need to eliminate myself as a co trustee

Concord, CA |

My sister and I are co trustee's For my father trust. he is a widower and has past away. I live in Texas and so I need to be out as a trustee and let my sister take care of things.

Attorney Answers 3


  1. A trustee who has accepted the trust may resign only by one
    of the following methods:
    (a) As provided in the trust instrument.
    (b) In the case of a revocable trust, with the consent of the
    person holding the power to revoke the trust.
    (c) In the case of a trust that is not revocable, with the consent
    of all adult beneficiaries who are receiving or are entitled to
    receive income under the trust or to receive a distribution of
    principal if the trust were terminated at the time consent is sought.
    If a beneficiary has a conservator, the conservator may consent to
    the trustee's resignation on behalf of the conservatee without
    obtaining court approval. Without limiting the power of the
    beneficiary to consent to the trustee's resignation, if the
    beneficiary has designated an attorney in fact who has the power
    under the power of attorney to consent to the trustee's resignation,
    the attorney in fact may consent to the resignation.
    (d) Pursuant to a court order obtained on petition by the trustee
    under Section 17200. The court shall accept the trustee's resignation
    and may make any orders necessary for the preservation of the trust
    property, including the appointment of a receiver or a temporary
    trustee.

    If you have any questions feel free to contact me and I would be happy to walk you through your options.

    Ian A. Scharg, Esq.
    Law Offices of Mark A. Redmond
    555 Capitol Mall, Suite 770
    Sacramento, Ca 95814
    (916) 444-8240

    Elder Abuse. Estates Litigation. Fraud. Class Actions

    This is not legal advice and does not create an attorney-client relationship. You should consult an attorney if you have any questions regarding this matter.


  2. Although I agree with my colleague's answer, It seems from your question that your father has just recently passed away. If you have not begun to act as cotrustee with your sister, You may be able to simply prepare a form called Declination to Act as Trustee and give it to your sister.

    No attorney-client relationship shall be created by any responses to inquiries on this website. All of my responses shall be deemed to be advice on the general nature of the law. I cannot respond to specific cases without a complete interview with a prospective client.


  3. My colleagues have provided you with good responses. Depending on your current states (have you begun to act as co-trustee yet?), you should contact your estate attorney for situation specific advice.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

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