Legal Question in Wills and Trusts in California
trust and power of attoney
Five years ago my brother had been given power of attoney and is trustee of my parents estate, both have limited mental capacity at this time. Both parents are in a nursing home out of state (IA).I'm in CA. my brother in AZ.
He is now increasingly paying himself for what he says in handling the trust. He recently went back to the beginning of the POA and figured the time he's worked on the trust and paid himself $16,000. He's says this is legal because the an independent trust would charge. He also pays himself for all expensove when he visits them, because he says it is trust business.
I've asked for copies of the trust but he hasn't provided them. I'm a beneficiary of the trust and I'm concerned that he is abusing it.
Parents are in 90's and brother is 71, I'm 53
1 Answer from Attorneys
Re: trust and power of attoney
The first step is to determine if the Trust and/or POA give your brother the power he is taking. Next, is whether he is abusing this power. As the trustee, or attorney in fact, he is a fiduciary and is held to a high standard as such. He is requied to produce copies of the trust to beneficiaries, and he is required to make accountings. He may be entitled to reasonable fees for his services. It is important what the trust says here. You should have an attorney write him a letter as a first step. If he is not responsive, or appears to be abusing his position, then court action may be necessary.
I am not your attorney, and this does not constitute legal advice. I am not your attorney unless, and until, I am formally retained as such.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
