San Bernardino California Resignation by Trustee Named in a Trust Instrument

Category:
State:
Multi-State
County:
San Bernardino
Control #:
US-01180BG
Format:
Word; 
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Description

A well drafted trust instrument will generally prescribe the method and manner of substitution, succession, and selection of successor trustees. Such provisions must be carefully followed. A trustee may be given the power to appoint his or her own successor. Also, a trustor may reserve, or a beneficiary may be given, the power to change trustees. This form is a sample of a resignation by the trustee prior to the appointment of a new trustee.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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 as a trustee Generally, trustees are able to resign before the end of their set term. The trustee will need to put their resignation in writing. Your charity's governing document might also include certain rules you will need to follow if a trustee wants to resign.

Under the Act, if there are two or more trustees, a trustee wishing to resign may retire by deed with the consent of his or her co-trustees and any other person who has power to appoint trustees. There is no requirement to appoint a replacement trustee.

Acceptable wording for a deed to relinquish beneficial interest is as follows: 'I (name of beneficiary) renounce my interest in the (name of trust) and my entitlement to any further benefits from the (name of trust), whether those benefits be income or capital or of any other nature.

The Trustee can file a Petition in Probate Court for resignation. The Court will typically appoint a neutral licensed professional fiduciary. In some instances, a Trustee refuses to resign. Beneficiaries can file a Petition in Probate Court to remove the Trustee.

The Trustee can file a Petition in Probate Court for resignation. The Court will typically appoint a neutral licensed professional fiduciary. In some instances, a Trustee refuses to resign. Beneficiaries can file a Petition in Probate Court to remove the Trustee.

Acceptable wording for a deed to relinquish beneficial interest is as follows: 'I (name of beneficiary) renounce my interest in the (name of trust) and my entitlement to any further benefits from the (name of trust), whether those benefits be income or capital or of any other nature.

If the trust is irrevocable, you need to have the consent of all of the adult beneficiaries of the trust in order to resign. The law also allows you to petition the court to accept your resignation as trustee.

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San Bernardino California Resignation by Trustee Named in a Trust Instrument