Legal Question in Wills and Trusts in California
If the trustee of a living will exercises his/her power of attorney privileges because a parent is determined to need help paying bills and exhausts the parent's finances on personal expenses prior to the death of the parent, is there any recourse for the other members of the estate?
Asked on 6/21/10, 2:00 pm
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
If you are asking whether it is improper for the trustee to spend trust funds to take care of the trust beneficiary, which is the intention of the trust, how could that be improper. The heirs under the Will are only entitled to what exists at the time of the death of the Will maker. It is her money [and/or spouse's] and it should be spent on her.
Answered on 6/23/10, 12:20 am
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