Legal Question in Wills and Trusts in California
I am power of attny. for my mother. Upon my Mom's death (she is in Hospice now) my sister and I get equal share of the estate through the Trust. My sister has done nothing to help me while I take care everything. ie: My Mother, her finances, rentals, renovations and/or repairs & maintenence. I have been doing this for 4 years now w/o any compensation. Can I gift myself and my husband the 13,000.00 each out of my mother's account this year? There is no gifting clause in her Trust.
2 Answers from Attorneys
Sorry your mother is so ill. Many trusts do not permit the holder of a Power of Attorney to make gifts, so you should meet with an attorney to review the specific's of your mother's trust. You may have claims for compensation for services rendered. Again, you should review this with an attorney who can give you specific advice based on the documents. Also, there are a number of things that you will need to do to properly administer the Trust after your mother passes away. If you are the successor trustee, you will want to work with an attorney so that you do things correctly (tax filings, debts and claims, etc...).
I'd be very careful what you do. Making gifts to yourself out of an elderly person's living trust without authorization is a clear cut case of elder abuse.
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