Who is the legal owner of documents the former trustee the successor trustee or do the documents belong to the estate?

If the trustee is replaced, is he legally required to turnover all original documents to the successor trustee? Is there a civil code or probate code or any code/law that a trustee must follow that pertains to estate documents?

Asked on August 13, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Do you mean trust documents that pertian to the estate of the decedent?  These documents are not to be held or kept by the trustee if a trustee steps down from their fiduciary position.  No one "owns" them personally.  They are part of the estate of the decedent.  If the trustee is refusing to turn over documents that is a breach of their duty and you need an attorney.  Good luck.

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