My dad died; mom lives with us; need to sell her home; assets in a Trust (not will); the trust lawyer has indicated that by 2 of my mom's physicians signing the legal form stating she is not able to make medical decisions for herself( thus I do-have her DPOA for health care), she is incapacitated; per Trust, this makes me the Successor trustee, since my mom is unaable to fulfill this role.
However, 6 banks I have gone to, do not acknowledge this statement because it doesn't specifically state "financial" on the form they have signed. This has caused alot of of banking issues for me. Doesn't matter if I have her Financial POA since they don't recognize that either in a trust..
Anyways, I have been told I can sell her home and mom does not need to sign anything, since she is "incapacitated" anyways etc..My question is- when selling her home, how is this Trust/incapacitated issue going to effect MY selling her home?? What legal issues will I run into..Please don't say to just have docs sign a form saying she can't do her financial stuff either..Each bank I have tried to work with has their own idea of what the paper should say, what color it should be on, what size paper it needs to be on if you get my drift. They are all different..I'm looking for personal answers before I get back to the trust lawyer..Thanks