Legal Question in Wills and Trusts in California
who has the power to act? successor trustee or power of attorney? I live in California. I have springing power of attorney for my mom, and need to transfer stock from her and her deceased husbands trust into her name. My brother is listed as successor trustee, but I have power of attorney. My mothers house has severe plumbing issues and she needs these funds for repairs. Who has he power to act?
2 Answers from Attorneys
A Power of Attorney only gives yo the ability to act as to property controlled by your mother. If the stock has been transferred into the Trust assets, it is the Trust that owns it and not your mother. If it is a revocable trust, and she is the trustee and of sound mind, then she could transfer the assets out of the trust. If not, and the primary trustee is dead,the successor trustee contols the trust assets.
If the stock is a trust asset, then the trustee has the power, not you.
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