I Quit! How Does a California Trustee Resign From Trust Duties?

[Music] Hi this is Keith Davidson and albertson and Davidson in this video we're discussing how does a trustee resign from a trust the first thing a trustee who wants to resign should do is read the trust document most trust documents will have a method a procedure that the trustee can use to resign as trustee and what you see most often is the trustee simply has to give written notice to the trust beneficiaries or to the successor trustee so that the next trustee in line knows that hey you're up you're going to be taking over if you want this job whatever the Trust says the trustee needs to follow it and that's how you resign as trustee if the trust document doesn't have a resignation provision then you look at the California Probate Code and that simply requires a written notice to the set lor or the current income beneficiaries if the set lor is no longer alive and a lot of times that's the case if for some reason there's any problems the trustee always has the right to go to probate court and petition the court for resignation and you'll see that happen a lot when there's a question or a problem with a successor trustee maybe the name successor trustee doesn't want to act and maybe nobody can agree on who the successor should be so the trustee can go to court and ask the court to order that the resignations should take place and also order who the successor trustee should be and that's a petition that not just the trustee can bring but any of the trust beneficiaries have a right to bring that same petition if there's a problem with who the successor trustee will be so most often you're going to follow the trust document to resign but if that's a problem you always have probate court to follow. [Music] [Applause] [Music]