Las Vegas, NV asked in Estate Planning, Family Law and Probate for Nevada

Q: Where do I get forms for a trustee declination to serve and appointment of successor trustee by resigning trustee?

Will left everything to trust. Named co-Trustees have failed to act within the 30 day time period (after death). Neither wants to serve. Need forms to effectuate my appointment as Trustee.

1 Lawyer Answer
Delwyn E. Webber
Delwyn E. Webber
  • Estate Planning Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating that the declining Trustees nominate "XX" to serve, pursuant to the terms of the Trust. Thereafter, the incoming Trustee could sign an acknowledgement, stating that s/he has read and understand the Trust, that s/he accepts the terms and conditions therein, and s/he agrees to be bound by those terms while serving as Trustee. It pays to have any forms notarized.

I hope this is helpful.

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