Successor trustee died, no other person was named, trust value is only $1,200. How do I name a new trustee with out a lawyer.

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My daughter's grandfather created a small trust for his grandchildren years agoin California for all his grandchildren in various states.The successor trustee died without naming a new trustee. There are only two beneficiaries left, one in California (a minor) and one in Washington (over 21). We have been told that a new trustee needs to be named before my daughter can get her money. Since the trust has shrunk to $1,200 I would like to not use an attorney. Is this possible in the state of Washington? I would not mind being the trustee for the California beneficiary.

Attorney Answer

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John Barger 1567765.Html ·
This answer is intended to be informational only. I am not licensed in Washington State or in California. You should contact an attorney in your state of residence for legal advice. No attorney-client relationship is established through this response to your question. Unfortunately, this is not a clear-cut answer. The Trust document and the laws of the state which governs the Trust weigh in on how a successor Trustee is appointed. In many states, the ability to name a new Trustee is codified. Since neither California (where the trust was created) nor Washington has adopted the Uniform Trust Code an attorney licensed in one of those states would need to answer you specifically. First, look to the Trust document. Often the trust will provide the method for naming a successor trustee when there is no Trustee remaining. If it doesn't, you may have to go to Court in order to appoint a successor Trustee. As ridiculous as that sounds for such a small amount of money, you need to know that may be a possibility. Also, look in the Trust for a choice of law clause. Since it was created in California, it may be governed by California law. However, you should check the document so you know who to contact - an attorney in California or in Washington State. Generally, the current income beneficiaries or their representatives are able to appoint a successor Trustee. Again, this may need to be a proceeding in Court since the Trust is irrevocable. Today, in order to avoid these types of problems, a Trust document should clearly articulate the procedure for appointing a successor Trustee when none are named.
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