Legal Question in Wills and Trusts in California

I am executor to my Mother's will and family trust. I also have a Springing Durable General POA and A POA for Health Care. If I understand it correctly this will no longer be valid upon her death. What then takes over?

Also her bank tells me I do not have POA over the family trust? And the original trust documents need to state that she can appoint a trustee? Could you please tell me what wording or article I might find this in?


Asked on 2/25/13, 5:03 pm

1 Answer from Attorneys
Victor Waid Law Office of Victor Waid

I strongly suggest you seek the assistance of a probate estate planning arttorney to assist you in doing what you are requesting correctly. It is true the Poer of Attorney dies when your mother dies. If you are the trustee of her trust, then you take over the management of the trust according to the provisions of her trust. You need to examine the trust language to examine who is the trustee appointed on her death. Don't listen to the bank as they are lenders of money not lawyers in estate planning.Obtain yourself a good estate planning attorney to assist you.

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Answered on 2/25/13, 6:53 pm


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