Legal Question in Wills and Trusts in Florida
My wife is both grantor and trustee of her trust. She now has alzhimers and is unable to fundtion as trustee. What needs to be done to have her removed as trustee and the succrssor trustee named as trustee?
Asked on 9/15/09, 9:11 am
2 Answers from Attorneys
Richard Stoffels
Stoffels Law Group
The trust should contain language which describes the succession of trustees, and most trusts allow for the incapacity of the grantor/trustee. That is one of many basic reasons why you have a trust to start with. Review the language of the trust, and follow its terms. If you need to, consult the attorney that drafted the trust - that is what he is there for.
Answered on 9/15/09, 10:00 am
David Slater
David P. Slater, Esq.
The successor trustee must obtain medical proof and all trust asets.
Answered on 9/15/09, 8:55 pm