the petition is filed in good faith and in the reasonable belief that the substituted Trustee
is incapacitated or otherwise cannot act.
In like manner it may be determined that the Trustee has regained capacity.
Any Trustee may resign at any time by giving written notice of resignation to the Settlor,
and/or the other Trustee(s) then acting, if any, and if there are none, then to the
beneficiary, or to ________ [
his/her] attorney in fact or conservator if ________ [he/she]
is incapacitated. Any such resignation shall become effective at such date as the
Trustee and the Settlor, or the said beneficiary (or ________ [
his/her] attorney in fact or
conservator) may agree, but no later than thirty (30) days after such written notice.
D. Death of Trustee
Death of a Trustee shall be evidenced by a certified copy of the death certificate
delivered to the successor Trustee.
No bond shall be required of any person named in this instrument as a Trustee, for the
faithful performance of his or her duties as Trustee, but a subsequently named Trustee
or successor Trustee may be required to be bonded, in accordance with the terms of
During such time as two or more persons are acting as Co.-Trustee, the powers of a
Trustee may be delegated to one or more of the Trustees from time to time by execution
of a written instrument signed by all of the then-acting Trustees.
No financial or investment action shall be taken on the sole signature of a Trustee. A
checking account may, however, be established for single signature use by either or
both of the Co.-Trustees. The total maximum balance of any such account(s) shall not
exceed the average semi-annual total return earnings of the trust.
G. Successor Trustee
1. A successor Trustee shall succeed to all title to the property of the trust estate and all
powers, rights, discretions, obligations and immunities of the Trustee hereunder with the
same effect as though such successor had been originally named Trustee.
2. No successor Trustee shall be liable for any act, omission or default of a predecessor
Trustee or Trustees. Unless requested in writing within sixty (60) days of appointment by
an adult beneficiary of a trust, no successor Trustee shall have any duty to investigate or
review any action of a predecessor Trustee or Trustees, and the successor Trustee may
accept the accounting records of the predecessor Trustee or Trustees showing assets
on hand without further investigation and without incurring any liability to any person
claiming or having an interest in the trust.