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What does an affidavit of successor trustee mean?

Oakland, CA |

Dad has a living trust, and is successor trustee, since spouse passed away three years ago. Parents owned residential properties that are in the trust. An affidavit of successor trustee in his name was recently recorded with the county.
Thank you.

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Attorney answers 3

Best Answer
Posted

If the properties were in both dad's and spouse's names as trustees of the living trust, it is necessary to put others on notice that one of the trustees passed away. This is known as an Affidavit of Death of Trustee.

There are many possible reasons for filing such an affidavit, which include: catching up with trust administration and/or division of trust assets, financing purposes, preparation of properties for sale.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

Asker

Posted

Thank you.

Posted

The successor and remaining trustee has an obligation to put the world on notice that there has been a change and/or modification in the trustees of the trust. It appears in your situation his wife who must have been a trustee passed away leaving dad as the sole surviving trustee.

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Asker

Posted

When mom passed, there was a recording for an affidavit of death. Now this latest affidavit of successor trustee, as I interpret, is a change in trust assets, w/potential sale of one of the properties, which by the way, would impact beneficiaries. Thank you.

Posted

The affidavit of successor trustee is recorded as a record of what happened to the previous trustee. It explains why the previous trustee is unable to act (disabled or death) and it lets the world know the name of the new successor trustee. Your parents probably had titled their property in their trust, naming themselves as trustees. The affidavit of successor trustee that was recorded tells the world that your mom passed away, the date of her death (confirmed by the attached death certificate) and the name of the current trustee (presumably your dad is the sole trustee at this time).

The information provided in this answer is general in nature and is not intended to create a specific attorney / client relationship between us AND should not be construed as legal advice to be acted upon without consulting a qualified attorney in person.

Asker

Posted

There was an affidavit of death recorded for mom when she passed in 2010. This affidavit of successor trustee is new and recent. So, it must be telling the world that dad is up to something w/trust assets, and potential sale of one of the properties, that will impact children as beneficiaries. Thank you.

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