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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53672
Experience:  29 years of experience practicing law, including tax and estate planning.
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can I transfer trustee of my trust from my sister to my fiancé

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can I transfer trustee of my trust from my sister to my fiancé on my own without a lawyer. My mother created the trust, I am the only beneficiary. I don't know if its irrevocable. What wording should I look for in the will for this
Hi! My name is XXXXX XXXXX I look forward to helping you!

Just so I can fully understand things, can you tell me if your mother is still alive?
Customer: replied 3 years ago.

no she is not. and my sister is not contesting this chage

Thank you. If your mother created the trust and she is deceased, it will be an irrevocable trust. The key here will be the language in the trust regarding the resignation of a trustee..which will be what your sister needs to do by submitting a letter of resignation...and the process for the appointment of a successor trustee. If the trust specifically names a successor trustee, then that person needs to be appointed unless they are unable or unwilling to serve. If no person is named, the trust provisions, and there will certainly be these provisions in your trust agreement, regarding the appointment of a successor trustee will need to be followed.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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Thank you so much for the positive rating! I truly appreciate you taking the time to do that! Have a great day!
Customer: replied 3 years ago.

there are no provisions for a successor other than my brother-in-law. it says after her it should go to him. after that there are no more provisions for another successor. can I obtain the paperwork needed from surrogates court and do it myself or does it require a lawyer

Just to be clear....there is no provision in your trust agreement specifying the process for appointing a new trustee in the event the named trustees are unable or unwilling to serve? Thanks!
Customer: replied 3 years ago.

no, there is not

Thanks! In that case, you would need to have the court appoint a trustee for the trust. You can do this yourself without a lawyer. :)
Customer: replied 3 years ago.

ok how do I do that. what are the steps. what are the legal forms called that I need to do this

I don't have the form for the specific petition you would file with the court. You would need to actually engage an attorney for this as that's outside the scope of what I can do for you with JustAnswer. I'm sorry!
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Customer: replied 3 years ago.
Relist: Inaccurate answer.
I was told I could change trustee of my trust without a lawyer. but when asked what are the names of the forms to do this or where I can get them I was told I need a lawyer
Hi there. I'm sorry ...but I wanted to clear up the bit of confusion here. You can file a petition to appoint a trustee without a lawyer. You can always represent yourself in such a petition. But, part of doing that without a lawyer is to prepare the petition to the court. It is outside of the scope of what I can provide under my terms of service with JustAnswer to prepare the petition for you. If you contact the family court, it's possible the court clerk can provide you the particular form that court requires for such a petition; it's just that I can't do it for you through JustAnswer. What I meant to convey was that if you don't want to prepare this petition yourself, you would have to engage a lawyer to help with; you are not required to do so, however. Hopefully, that clarifies things.
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