Q: Does anybody have an example petition for the court for a voluntary resignation of a trustee of a revocable trust in CA?
A:
Creating a petition for the voluntary resignation of a trustee under a revocable trust in California involves several legal considerations. The petition should clearly state the petitioner's name, the name of the trust, the reason for the resignation, and any proposed successor trustee, in accordance with the terms of the trust or relevant California law. It's important to reference the specific sections of the California Probate Code that govern the resignation of trustees and the appointment of successors.
The document should also include a declaration from the resigning trustee expressing their wish to resign and, if applicable, the consent of any co-trustees or beneficiaries required by the trust document or state law. The petition may need to be filed in the superior court in the county where the trust is administered, along with any required filing fees.
Because drafting legal documents requires precision and an understanding of legal terminology, it's advisable to seek guidance from legal resources or a professional. They can help ensure that the petition complies with all relevant laws and trust provisions, increasing the likelihood of a smooth transition. Remember, each trust scenario is unique, and the specifics of your situation should guide the drafting of your petition.
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