Legal Question in Wills and Trusts in California

Re: Resignation of Trust trustee and replacement

If your mother is not competent, then look to the trust language for what's required--it's usually declarations from her doctors attesting to her incapacity. Once you've met the criteria, an attorney can prepare a new affidavit of trust showing you as the new trustee.

If your mother is still comptetent, she can sign any papers required, such as resignation of trustee, or appointment of temporary trustee, according to the requirements of the trust. An attorney can tell you what's needed after reviewing the trust, and the papers shouldn't take long to prepare.

Re: Resignation of Trust trustee and replacement

It is not clear from your question whether your mother is still "competent"--whether she can still understand and validly sign documents. It is also not clear whether your mother previously executed a Power of Attorney that appointed someone to take care of her finances in case she could not do so. If your mother can still sign documents, then the cost should not be very much. If not, then you may need to have a court appointment made. Please note that a financial Power of Attorney is generally NOT the same as a medical Power (like a "living will"). You should consult an attorney right away so that he/she can evaluate all the facts and give you accurate advice--consultation doesn't cost much, either.