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Loren, Lawyer
Category: Family Law
Satisfied Customers: 34031
Experience:  30 plus years of experience.
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My father set up a IRREVOCABLE TRUST for my brother and I.

Resolved Question:

my father set up a IRREVOCABLE TRUST for my brother and I. my mother and a bank are TRUSTEES. my father died 10 years ago and my mother, now 92, has dementia and will have to be moved to assisted living. what happens to the trust?
Submitted: 1 year ago.
Category: Family Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren,a licensed attorney, and I look forward to assisting you.

The terms of the trust will control the appointment of a successor trustee or the termination of the trust.

With regard to the trust for your brother's and your benefit, it should not be impacted by the appointment of a successor, as provided in the terms of the trust.

If the trust has no provision for a successor to your mother as trustee then you may have to petition the probate court if the term of the trust require a co-trustee in addition to the bank.