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If a trustee resigns or dies, the Letters of Authority must be returned to the Master to have that person's name deleted. In case of a resignation, the letter of resignation and a resolution from the remaining trustees accepting his resignation, must be given to the Master.
When a Trustee resigns, they must still act in the best interests of the Trust and the Trust beneficiaries. That means the Trust assets must be managed prudently while a new Trustee is selected. Further, the Trustee is required to provide an accounting to the Trust beneficiaries upon resignation.
A trustee cannot resign without the permission of the court unless the trust instrument so provides or unless all of the beneficiaries who are legally capable to do so consent to the resignation.
1 attorney answer Follow the terms of the Trust. Typically, a letter of resignation will suffice but Trust terms control unless silent. No recording or notary is specifically required either, but a notarization of the resignation certainly wouldn't hurt at all...
Obtain a Trustee Resignation Form from your attorney or the Court and complete and sign it in the presence of a notary public. 4. Make copies of your resignation. Give a copy to the new Trustee, mail a copy to all the trust beneficiaries and keep one in your personal file.
A trustee cannot resign without the permission of the court unless the trust instrument so provides or unless all of the beneficiaries who are legally capable to do so consent to the resignation.
When a Trustee resigns, they must still act in the best interests of the Trust and the Trust beneficiaries. That means the Trust assets must be managed prudently while a new Trustee is selected. Further, the Trustee is required to provide an accounting to the Trust beneficiaries upon resignation.
Resignation of a trustee (co-trustee in this case) can be accomplished in various ways and only one of the following procedures needs to be selected.If a beneficiary has a conservator or attorney-in-fact, consent to the trustee's resignation should be obtained from them instead of the beneficiary.