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When can Successor Trustee assume that role?

San Francisco, CA |

Mom may be incompetent and Trust says Successor Trustee takesover if Mom has become incapacitated. Mom has been diagnosed with the beginnings of Parkinsons Disease and early stages of Dementia. What is required to establish Mom as incapacitated before Successor Trustee can assume that role?

Attorney Answers 1

  1. The Trust should also address who decides whether she is incapacitated, and/or who is the definition of incapacitated. Please look to the Trust first, or else you may need to seek the assistance of an attorney.

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