Ask a Lawyer - Archive

If you have an irrevocable trust and the trustee resigns giving 30 day notice is the trust now null and void or what exactly does this mean.

Resignation of a trustee does not terminate a trust. If the trust has a provision appointing a successor trustee, that provision should be followed. It will be necessary to have the successor trustee apply to the Surrogate's Court for an order directing the issuance of letters of trusteeship to him/her. The trust does not become null and void by the trustee's resignation. Even if the will has no provision for the appointment of a successor trustee, an application can be made to the Surrogate's Court for the appointment of a successor trustee by someone close to the family who is willing to serve.