What to do if my sister signed and dated a resignation of co-trustee but didn’t have it notarized and now will not do so?

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What to do if my sister signed and dated a resignation of co-trustee but didn’t have it notarized and now will not do so?

The bank will not take her off the trust account without it being notarized. I will be selling a house in the trust. I’m assuming that can’t be done either?

Asked on December 16, 2012 under Estate Planning, California

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You should obtain the assistance of probate legal counsel who will have to file a petititon in the probate court to amend the trust to have you confirmed as the sole trustee by court order, upon a declaration of facts you stated above, which will allow you to conduct the sale of the house and distribute the proceeds per the provisions of the trust, and be able to show the bank a certified court order amending the trust appointing you as the sole trustee. For these extra legal fees and costs, you may want to also seek an order charging your sister's share from the trust if she is a beneficiary.


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