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The trustee cannot do whatever they want. They must follow the trust document, and follow the California Probate Code. More than that, Trustees don't get the benefits of the Trust. The Trust assets will pass to the Trust beneficiaries eventually.
For the termination of a trust, the following documents are required:resolution by the trustees confirming that the trust was active or dormant and that the bank account in the name of the trust has been closed;The original letter of authority;Bank statements reflecting a nil balance or the final statement;More items...?
(a) Any such trust may be terminated by agreement of the trustee, or, if there be more than one, then all of the trustees and the governing body of the beneficiary, with the approval of the Governor of the State of Oklahoma; provided, that such trust shall not be terminated while there exists outstanding any
Most trusts will have a provision that describes how a Trustee may resign from acting as Trustee. In most cases, the Trustee will give written notice of their resignation to the Trust beneficiaries and to the successor Trustees. Whatever the Trust terms prescribe, the Trustee must follow.
If the trust is irrevocable, you need to have the consent of all of the adult beneficiaries of the trust in order to resign. The law also allows you to petition the court to accept your resignation as trustee.
The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.
Even without the unanimous consent of the beneficiaries, a trustee or beneficiary may petition the court to modify or terminate an irrevocable trust under the changed circumstances doctrine. Sometimes, due to circumstances not known or anticipated by the settlor (the person(s) who established the trust), continuing
A common reason for revoking a trust, is a divorce when the trust was created as a joint document with one's soon-to-be ex-spouse. A trust might also be revoked because the grantor wants to make changes that are so extensive that it would be simpler to dissolve the trust and create a new one.
Revocation. and the settlor is not a beneficiary, the settlor has no legal right to interfere with the trustees to change the terms of the trust or to terminate the trust, unless such rights are specifically reserved in the trust instrument.