Legal Question in Wills and Trusts in California
living trust
what happens when the last living parent dies in a living trust and you are the dpoa. There are two other siblings involved who were never around but left on mothers side of will. i took care ofall payments of bills, etc. and care of my f athers health and well being. Am I going to be challenged of the care of my father Or I should say, could I be challenged and what i should do to protect myself.
thanks
2 Answers from Attorneys
Re: living trust
Retain counsel is the best way to protect yourself.
Sincerely,
Kai H. Wessels, Esq.
(tel. 877-Wessels)
Re: living trust
The dpoa is now void since your father is dead. If there are assets held in trust under a living trust, the successor trustee should take control of the assets as the new trustee and then follow the instructions in the living trust document. If there are assets not in the name of the trust, they will have to go through probate, unless they contain a mechanism for avoiding probate, such as a joint tenancy, etc.
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