Resignation by Trustee Named in a Trust Instrument

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US-01180BG
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Description Trustee Resignation Form

A well drafted trust instrument will generally prescribe the method and manner of substitution, succession, and selection of successor trustees. Such provisions must be carefully followed. A trustee may be given the power to appoint his or her own successor. Also, a trustor may reserve, or a beneficiary may be given, the power to change trustees. This form is a sample of a resignation by the trustee prior to the appointment of a new trustee.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Trustee Resignation Letter Other Form Names

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Nice Short Retirement Letter FAQ

1 attorney answer Follow the terms of the Trust. Typically, a letter of resignation will suffice but Trust terms control unless silent. No recording or notary is specifically required either, but a notarization of the resignation certainly wouldn't hurt at all...

Be professional. You should treat this resignation as you would a resignation from any other organization. Give an end date. As with any resignation letter, clearly, state the date you are resigning. Explain (briefly). Say thank you. Offer to help. Proofread and edit.

Obtain a Trustee Resignation Form from your attorney or the Court and complete and sign it in the presence of a notary public. 4. Make copies of your resignation. Give a copy to the new Trustee, mail a copy to all the trust beneficiaries and keep one in your personal file.

A trustee cannot resign without the permission of the court unless the trust instrument so provides or unless all of the beneficiaries who are legally capable to do so consent to the resignation.

Trustees Can Withdraw For Trust UseTrust law varies from state to state, but under no circumstances can a trustee withdraw funds from the trust for the personal use of the trustee.Common trust law dictates that the trustee (or trustees) are the only parties that can disburse funds from a trust account.

If a trustee resigns or dies, the Letters of Authority must be returned to the Master to have that person's name deleted. In case of a resignation, the letter of resignation and a resolution from the remaining trustees accepting his resignation, must be given to the Master.

Resignation is typically done by giving written notice to the beneficiaries and to the successor Trustee. The successor Trustee should receive the resignation so that he or she knows that it's their turn to manage the Trust estate.

Obtain a Trustee Resignation Form from your attorney or the Court and complete and sign it in the presence of a notary public. 4. Make copies of your resignation. Give a copy to the new Trustee, mail a copy to all the trust beneficiaries and keep one in your personal file.

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Resignation by Trustee Named in a Trust Instrument