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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37003
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have a trust that was written before my husband passed away

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I have a trust that was written before my husband passed away 15 years ago. I am currently the sole trustee. We assigned two successor trustees to act together after my death.
One has asked to be relieved of the responsibility, she is now in her 80's and the other is having some health issues.
I need to assign a new successor trustee but there is no stipulation in the trust to enable me to change trustees, but first need to remove the original two anyway
The trust was written in CA.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
Is this a revocable living trust?
Were you one of the original grantors (makers) along with husband?
Customer: replied 3 years ago.

Is was originally a revocable trust but his portion was funded into an exemption trust.

Yes, I am one of the original grantors

Ok, if his portion was moved upon his passing into an exemption trust, then this trust would have been formed as an irrevocable trust. With that said, if there are no provisions in the irrevocable trust to name alternate successor trustees and remove current ones, but it would have to go through the local probate court judge for him to approve any modifications of the trust. In an irrevocable trust one of the allowable modifications a judge can make is to replace/name trustees if the original ones are unable or unwilling to serve.
If you can locate individuals who are willing to serve as successor trustees, then you would need to get notarized statements from the current successor trustees that they are resigning from the appointment to submit with your motion to appoint alternate successor trustees.
It is a fairly straightforward process and once the motion is before the judge, the alternate successors would have to appear with you at the hearing date and formally agree in front of the judge to accept the appointment as successor trustees.
If you aren't comfortable drafting your own motion to appoint substitute trustees, then you would need to contact a local estate law or probate attorney to assist with drafting and then presenting the motion to the judge for his approval.
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