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
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
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.
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.
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.
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