My mother does not want to pay for a third capacity test so that the lawyer will update her Trust document...

I agree with you that it is ultimately her choice to add us on as Cotrustees or not. If she decides not to, it really puts me in tough spot because she is not proactive with her account.

I am not going to be doing any court proceedings at this time. I am seeking to be co trustee because one My mother and I were having a discussion with her Financial Advisor with her brokerage firm and he made the comment that my mother should no longer serve as Trustee alone and that my brothers and I should serve along with her in this capacity. I agree with her short term memory problems it is a better situation. She does not want to be out numbered three to one and I get the feeling that she feels if she adds the three of us then we will have the authority to put her in a assisted living facility and sell her house. This is not true because she has chosen to keep her property out of the Trust until she dies. A Physician would need to indicate to my brothers and I that her medical condition has reached a level of higher level care. I personally think her medical condition would be better cared for in Assisted living , but of course she wants to stay in her home. I have assured her that us becoming Co Trustees on her Trust account would in no way indicate that we have the decision to place her in Assisted Living. This is my understanding any way.

I also see your profile states that you're "preparing for court proceedings with your parents." Given your position on adding yourself as a Co-Trustee, I think an explanation would help clarify what the situation really is.

Who are Trustee(s) now? What's your specific reason for wanting to serve as Co-Trustees? Do you not trust the Trustee (no pun intended)? Actually if your mother is comfortable with her choice as Trustee, it is her choice, not yours.

However, if she's agreeable in concept, I think you should offer to pay the $1500 since it seems to be your desire to change your mother's Trust. It's not really fair to ask or expect her to spend funds to accommodate your desires.