Often the trust documents will indicate something to the effect of "if a trustee is either incapable of acting as Trustee, or declines to act as trustee", a successor trustee may take over.
Assuming there is such a clause in this trust, have him write a notice indicating his declining to act as trustee, and therefore in accordance with the trust terms, you are going to act as trustee.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
I agree with Attorney Lewis. However, for more specific advice, you should repost this questions in Avvo's Florida forum, as Florida law, not Arizona law, would apply.
My answer is incomplete; contact an attorney licensed in your state to receive legal advice for your specific situation. Answering your general question does not make me your attorney.
It would probably be helpful for the ill brother to resign and then you can replace him. I would hire counsel in FL to advise you. The trust document will tell you what happens and what to do.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
The law of the jurisdiction in which the Trustor is located will govern. Sounds like that is Florida. But, the terms of the trust will typically prevail unless prohibited by law. So, the trust, and all amendments to it, need to be reviewed. You may or may not need an attorney in Florida, but hopefully the trust was drafted by an attorney there. If so, he or she may assist. If you wish to consult with a Tucson attorney to review the trust and advise you further, I am available to see you next week. Just call my office or email me to schedule.
The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an attorney-client relationship. An attorney-client relationship is not created until after an in person consultation and I agree in writing to provide representation. I am licensed solely in the state of Arizona. You should consult with a knowledgeable attorney in your jurisdiction.