If a person is acting in the capacity of a Court Appointment Successor Trustee, who was NOT named in the Trust, is it MANDATORY that there be a signed court order appointing this person as the Trustee? Thank you.
Unless the terms of the trust include a provision for someone to designate a successor trustee other than the court, it would require a court order to appoint a successor trustee if all the named trustees or successor trustees are unable or unwilling to act as a trustee of the Trust.
Even if there is a court order appointing a successor trustee, that appointment may be conditioned on the posting of a bond for the person to act.
If there is any question about what the Trust requires to a fill a vacancy in the office of trustee, a petition can be made under Probate Code Section 17200 for instructions from the court.
If you have further questions, I recommend that you review this with an attorney in your area experienced with trust administration and probate proceedings. You may be able to locate one through Avvo's "Find a Lawyer" above or the San Luis Obispo County Bar Association's Lawyer Referral and Information Services.
I am licensed to practice law only in the state of California. The answer provided above is for general information only, is not intended and should not be taken as specific legal advice and does not create an attorney client relationship with the party making the inquiry. The best way to contact me is by email at [email protected]
If there is a - court appointed successor trustee - then this person was appointed by the court. Yes - a court order signed by the judge would have appointed the person.
No other person could act as trustee without proper authority - from the court or from the settlor of the trust --- unless the trust terms for appointment of the trustee direct otherwise.
I have been handling various general practice family law, criminal defense, estate, business, and personal injury cases for 20 years. The above answer is not meant to be all-inclusive or contain the absolute answer to fully address all details of your specific case, rights, claims, defenses, etc. Any follow up comments or emails, is for informational purposes only and not meant as legal advice or establish an attorney-client relationship.
If there is no Trustee designated to succeed the previous Trustee by the terms of the Trust, then yes a Court-appointed Successor Trustee is mandatory.
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