Metairie, LA asked in Estate Planning for Maryland

Q: How can I resign as trustee from a family trust, the deceased family member died destitute, & backup refuses to serve?

The beneficiaries of the trust are four charities, and I have already sent an email to all four indicating that my godmother died destitute owing thousands of dollars in taxes and credit card companies.

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: So, are you saying there are no assets in the trust? Simply notify all charities of this fact, by certified mail, and that you intend to resign. If there are trust assets, you will need to identify what those assets are by way of an accounting (nature, location, amount/value as of the most recent valuation date or bank statement, etc.). Pursuant to the Maryland Trust Act, the beneficiaries may name a trustee to act in your place. If they cannot agree or do not take action to appoint a successor, then you must petition the court to approve your resignation and the court will notify the beneficiaries and appoint a new trustee. You will likely have to remain trustee until a new trustee is appointed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.