If the trustee of my irrevocable Trust has just been diagnosed with an terminal illness and there is no successor trustee, after the trustee’s death how should I appoint a new one?

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If the trustee of my irrevocable Trust has just been diagnosed with an terminal illness and there is no successor trustee, after the trustee’s death how should I appoint a new one?

Asked on January 22, 2019 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If there is no successor listed in the trust instrument (the documents creating the trust) and also no mechanism or process set forth in the trust for appointing a successor, you would have to file a legal action in court and ask the judge to name a new trustee.  The county clerk's office should be able to provide information on doing this, or direct you to where you can get information.


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