Legal Question in Wills and Trusts in Arkansas

My sister had a power of attorney and started a revocable trust for my mom with mental problem with out all children being aware till mom was dead. I dont the p.o.a. had trust mention on it or not she also fix the trust were she is the trustee and only she could sell all ,with all the other children not have any way to sell ther interest as long as they live. Is this legal? If not then i will want a attorny to go see about it.


Asked on 8/17/12, 11:42 pm

1 Answer from Attorneys
Cale Block Niswanger Law Firm

If your sister's actions exceeded the scope of the POA, then the trust would be invalid. Whether her actions or the terms of the trust give you a cause of action to seek dissolution or reformation of the trust will turn on the specific language of the POA and the trust. I suggest you let an attorney review both documents--that's the only way you'll have a definite conclusion.

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Answered on 8/20/12, 6:56 am


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