Legal Question in Wills and Trusts in Illinois

Your first step would be to review the terms of the trust regarding any specific language concerning succession. The trust may define requirements, such as a physician's opinion.

Is your mother competent to state that she is no longer willing to act and that she wishes to resign? If so, that may make succession more clear.

This really requires an examination of the documents and at least a telephone consultation in which the circumstances can be better discussed.

I agree with Mr. Repay. The specific terms of the trust need to first be reviewed to determine what needs to be done to trigger trustee succession, and any other requirements. If your mother is willing and able to voluntarily resign as trustee, that may simplify the process.

Mr. Repay and Mr. Gottlieb offer sound advice. However, please be warned... if your involvement would be suspicious to or would upset any other family member or friend of your mother's, then you should probably meet with an attorney before you take any next step.

I'd be happy to provide you with a free consultation.

To supplement the foregoing information, which I concur with, I think you need to talk to the bank. Even if you have the most thoroughly professional legal document, it's only as good as the bank thinks it is. Your mother could resign and appoint you as successor trustee and if the trust document contains clear authority for her to do this, and her competency is not an issue, the process may be fairly easy. The real question is, why do you need to be appointed? The bank (and other third parties) will want some assurance you are really helping mom and not simply helping yourself.