Q: My sister is trustee on our dad's estate. We're estranged and she has a life threatening illness. Next steps for me?
How can I protect my rights if she passes? Would the trustee status pass to me, since she and I are the only siblings? I'm in Florida, she and my dad's estate are in New Jersey.
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A: The trustee status would pass to the person who is listed as successor trustee in the trust instrument. If no successor trustee is named, then you would have to petition the court to appoint you.
Phillip William Gunthert and Terrence H Thorgaard agree with this answer
A: Your next step should be to talk with an attorney in New Jersey.
A: You should have the Trust Documents reviewed and see who is listed as the alternate or successor trustee and how such a person is determined. It might be you according to the documents or it may allow your sister, current trustee to pick someone. Ultimately you will want to see what the Trust precisely says for future replacement trustees.
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