ammendment and/or resignation to trust
My mother lives in Florida where I reside 8 months a year.She has recently been diagnosed with Early Cognitive Impairment by a licensed Neurologist.She has a Revocable Living Trust.(this was made up years ago) I am her Alternate Trustee. She wants me to pay her bills/take care of all her other needs. She is able to respond positively to this question. The trust was written in N.J. The attorney in Fl. says that MOM can resign as trustee or ammend the doc.This said attorney drew up a durable power of attorney recently for us, yet knew that all my mothers assests were in the trust?! The trust says that the Settlor (mom) can amend or revoke by an instument in writing, provided that the duties and compensation shall not be materially changed by amendment w/o written approval & by written dr note Which is the easiest and legal method?Do these letters need to be notarized,whom do I give these said papers to once they are prepared?I have contacted the attorney in NJ and he has not responded.The Florida attorney is obviously of little value,she was certified in Elder Law.I am furious and upset. Please help.I have gone to Find Legal Forms online.If I need to make an ammendment to the trust, which state do I print N.J Fl or PA Thank you.
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.
Walter LeVine
Walter D. LeVine, P. A.
23 Vreeland Road #102
Florham Park, NJ 07932
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.
Jonathan Chester
Lindabury, McCormick, Estabrook & Cooper, P.C.
480 Morris Avenue
Summit, NJ 07901