Does disabled and incompetent include death? 2 Answers as of June 03, 2017

In my trust, it state "disabled" or "incompetent" refer to a physical or mental inability to carry one’s usual financial affairs, the successor trustee may determine settler condition to handle affairs. This did not say if the settler is "dead" then successor trustee can handle the affairs. Is this a problem?

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Law Offices of George H. Shers | George H. Shers
No, as being dead clearly falls within the two situations. But the successor trustee should not be involved unless the original trustee refuses or can not act. I assume you are the initial trustee so are wondering what happens if you die. Remember, only property in which the title of ownership has been transferred into the Trust is distributed according to the Trust, otherwise it goes by the person's Will. There are some good books by Nolo Press explaining Trusts that you should read in order to know what questions you need to ask.
Answer Applies to: California
Replied: 6/3/2017
Patrick W. Currin, Attorney at Law | Patrick Currin
Disabled and incompetent are different than death but I doubt the trust is invalid. Have an attorney review the trust.
Answer Applies to: California
Replied: 6/3/2017
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