Legal Question in Wills and Trusts in New Jersey

Re: ammendment and/or resignation to trust

Presuming that your mother has no personal assets (like a checking account in her name only) and actually has all her assets in the trust registration, a simple amendment to the trust, whereby she resigns and appoints you as her successor, appears all that is necessary. I suggest this be in writing, signed by both of you (she resigning and you accepting the appointment), witnessed and notarized. Copies of the document should be delivered to all asset holders (banks, brokerage firms, etc.). I am presuming her social security check goes to the trust checking account, so this can continue once you are appointed. If there are beneficiaries of the trust other than you, I also suggest you maintain good records of all you do for your mother, in case you are ever called upon to account to them after your mother passes away. This is an answer to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship. Different or omitted facts could result in a different response.

Re: ammendment and/or resignation to trust

I would need to review a copy of the trust agreement to confirm the correct proceedure for replacing trustees. However, generally a trustee can resign, and the successor trustee (you) can accept the position. Alternatively, if your mother is physically unable to resign, most trusts will have a provision that provides a method to name a succesor trustee (you) if the original trustee (your mother) becomes incapacitated. It may require your mother's doctor to certify that she is in fact incapacitated.

In either case, the change of trustee should not be too difficult with the right legal help.