Legal Question in Wills and Trusts in California
Husband and wife have a premartial agreement. After premarital agreement husband sets up an account and puts wife as beneficary but does not add it to the premaritial agreement. Daughter of husband had POA and changed wifes name on account to her own. Husband/dad dies. Does wife have any rights to the account husband put her on as a beneficiary?
3 Answers from Attorneys
It would require a lot more detail about what happened before your question could be answered.
The purpose of a POA is to act in the best interests of the other party when they are not able to do so. If the only reason for the daughter changing the beneficary is so that she can get the money and not the wife, that clearly would be outside her authority under a POA.
Mr. Shers is probably correct, but it would depend whether the daughter made the change as POA according to her father's direction or not. This could be difficult to litigate.
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