[WSBARP] Attempting to change trustee -

[Rich McEntee]

Hello — I have a question regarding a PC that contacted me in order to assist changing a trustee of a trust. The PC’s mother established the trust and named PC’s brother trustee. I believe that the assets are held with an administrator. PC’s niece is the named successor. Mother is still alive but not competent to modify the terms of the trust. PC is caring for father here in WA. Trustee sister is very ill and lives in out of state. The niece has no interest in serving as trustee in her father’s place. From what I have seen of a few provisions of the trust, the beneficiaries can agree to appoint a trustee if one no longer exists. In this case, sister trustee and her daughter, the named successor do not want to serve. 

My question, if the beneficiaries are permitted to agree to appoint the PC to serve. What would be the likely process to effect and memorialize such a change? Current trustee resign by formal letter, then successor formally decline?  At that point, is it simply a matter of having the beneficiaries sign an agreement appointing PC as trustee? Are there formalities that I am missing?

Thank you for your thoughts and comments.

Rich


RICH McEntee
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com            


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