Legal Question in Wills and Trusts in Florida
A living trust question
My father created a living trust and has since deceased leaving my mother alone. She is getting up in her years and is starting to forget things like paying her bills - not remembering to file income tax returns - Things she does not need to be forgetting.
I do know that the trust stipulates that if either of them become incapacitated and cannot care for herself adequately the successor trustee appears to take over control of everything.
My question (since my father named me as the first successor trustee) is how do I go about getting this legally resolved so there is no question whatsoever that I am responsible and have the authority?
2 Answers from Attorneys
Re: A living trust question
Try talking to your mother first, before you start to gain cntrol of the trust.
Re: A living trust question
You need an attorney to review the trust and the provision dealing with incapacity.The trust usually states what procedures to to remove a trustee.If you need further help send me an e-mail with your phone#.
Robert Roemer
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