Q: I was named as trustee in a will but don't wish to be. Do I have to go to my county's Surrogate Court to open the trust
In the will, it states "I direct this trust shall be administered pursuant to Article 7 of the New York State Estate Power and Trust Law and any future amendments thereto." Is there anything in Article 7 of the EPTL stating that in order to resign as a trustee I must open the trust in my county's Surrogate Court in order to resign as trustee?
A: You do not have to do anything. The petitioner seeking probate of the will has the obligation to establish the trust. If you refuse to act, the petitioner can seek someone else. You can move the process along by signing a one page waiver form that the petitioners lawyer will prepare.
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