I am successor trustee to my dad's estate.Am I free to resign even after he becomes incapacitated and I become primary trustee?

Question

I am successor trustee to my dad's estate.

Am I free to resign even after he becomes incapacitated and I become primary trustee?

Answer

A trustee to an intervivos trust may resign at any time. The Trust likely provides for the method of picking a successor. Have it reviewed by an attorney.