Legal Question in Wills and Trusts in California
power of attorney
my sister and i have durable poa terminal and incapcited mother, also co trustees living trust,bank refuses open transfer moms accounts in trusts name, tried then to close account, bank would only make check payable to mom, even after showing letter from MD stating terminal and completely incapacitted,very large amount in account trying to avoid probate.
2 Answers from Attorneys
Re: power of attorney
In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com
Re: power of attorney
They may need an attorney letter pointing out probate code section 4406, which requires third parties to rely on the power of attorney as valid if there's no evidence to the contrary, and allows for attorney's fees to be awarded against the third party (the bank, in this case) for unreasonably refusing to honor the power of attorney.
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