Choosing a trustee is one of the most important decisions you make when creating a trust. But what happens years later if the person you selected says, “I don’t want to do it”? Fortunately, naming someone as trustee does not usually force that person to serve.
Can a Trustee Refuse to Serve?
Generally, yes. Someone named as trustee can typically decline the appointment. The exact procedure may depend on the trust document and California law. That is one reason a well-drafted trust should name at least one successor trustee. If your first choice cannot or will not serve, the next person named in the trust can usually step in.
What If No Successor Trustee Is Available?
Problems can arise if every person named in the trust is unable, unwilling, or unavailable to act. Depending on the trust language and California law, the beneficiaries, another authorized person, or a court may be able to appoint a replacement trustee. That process can add time, expense, and uncertainty. A better approach is to address the possibility in advance.
Should You Ask Someone Before Naming Them?
Yes. Naming someone without discussing it first may lead to surprises later. Explain what the role may involve, including managing assets, communicating with beneficiaries, keeping records, handling distributions, working with financial professionals, and following the instructions in the trust. A person who loves you may still decide that serving as trustee is not the right responsibility for them.
When Should You Review Your Trustee Choices?
Estate plans should be reviewed periodically because the people in our lives, and their circumstances, change over time. A trustee who was a great choice ten years ago may now be older, living farther away, managing a demanding career, facing health concerns, or simply no longer comfortable taking on the responsibility. Checking in with the people you have named gives everyone a chance to understand the role and lets you make changes before they become necessary.
The goal is not simply to have a name written into your trust. It is to have someone you trust who is also willing and able to step in when your family needs them.
If it has been a while since you reviewed your trustee and successor trustee choices, Law Offices of Lisa Golshani can help you take another look at your plan and make sure it still reflects the people and circumstances in your life today. Contact our Calabasas office at (818) 334-2805 to schedule a conversation.